11th hour Material and Custody Concerns


#1

Dear chaos:

Greetings.

  1. No, as long as you have been separated for one year, he cannot stall the divorce occurring.

1a) Yes

1b) Yes, but all equitable distribution issues must be in the separation agreement or court order prior to the divorce as you lose the right to make claims for alimony and equitable distribution upon the date of the divorce.

1c) I don’t understand why you are worried, since you already have a remedy under the separation agreement. Once the agreement is signed, it is the final settlement.

  1. Yes.

Joint custody means joint decision making. If you have joint custody with an uncooperative spouse, your parenting will be very difficult. Best of luck and please talk to an attorney as it sounds like you may have some confusion about the issues you are facing and I don’t want you to act in a way that is not in your best interest. Good luck!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you, Janet. And you’re right, I am a bit confused, but less so now.[:)]


#3

[:D]Glad to hear the confusion has passed (somewhat). It is not easy to imagine HOW everything will work out and it is even harder to TRUST an attorney that is telling you that it will. Good luck with your situation!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I am coming up on the year and a day anniversary of my seperation. My soon-to-be-ex agreed to certain things in the seperation agreement that he has since come to regret doing. The plan was, when the agreement was drawn up and signed by us both, that the terms pertaining to property, settling of mutual debt, and obstensibly custody would be rolled over into the divorce decree.
The mutual debt was to be settled on his part by a certain date that he has passed, and I suspect he is dragging his feet on that in order to renegotiate when the time comes for the divorce to be final. Custody is going to be another banner issue, as he is complaining about not having joint custody. Right now, we have it set us with me as primary physical, and he is secondary physical. So, my questions are as follows:

1) Is there anything he can do to stall the divorce being made final?
a) Can custody be settled outside of the divorce being made final?
b) Can material/business matters be settled outside of the divorce decree?
c) If he flat out refuses, stonewalls, or otherwise throws tantrums, will the finalization be impeded?
2) Is he still bound by the terms he signed to in the seperation agreement, even if they are not included in the divorce decree?

I want this divorce to be final as swifty, and done as done can get. I figure if all else fails, I can do without the money in the long run, but custody is another issue. This leads me to another question:

What are the advantages/pitfalls to joint physical custody? At the time, I was advised by the attny that drew up the agreement for me to set it up as we have, but never fully understood the distinctions. I should mention, my ex is completely uncooperative, and takes every chance he can to stall every matter we have had to settle, and is impossible to deal with. That in itself makes me very nervous about the implication of anything proceeded with the word joint

Thank you for your time.