Legal Question in Family Law in North Carolina
My ex husband and I have a signed seperation agreement. After this agreement was signed and we had lived apart for a year, we ended up living together again as husband and wife. Does that make our agreement and everything stated in it, null and void?
1 Answer from Attorneys
Depends. Most well drafted Separation Agreements specifically address what will happen in situations like this. The most common way this is addressed is to keep the provisions of the Separation Agreement in valid and in place however, your agreement may be drafted differently or it may not be addressed at all. If an attorney prepared your Separation Agreement, this should have been clearly explained to you. However, if you have resumed living together as husband and wife for a long enough period of time and you separate agin it most likely will restart your one year separation period.