A year has now past, I am ready!


#1

Dear Sandy,

As far as debts and other property issues are concerned, it is best that you have an agreement between you and your husband about how these things will be handled. If you do not handle the distribution of your property (including debts) before your divorce judgment is entered, you lose the right to do so. In terms of your children, you can always file an action for child custody and child support. The child support guidelines allow you to be credited for health insurance premiums that you are making for your children. If your husband has not been providing support since you and he separated, you may be able to get retroactive child support. You should probably be using Worksheet C since you and your husband have split the custody of your children.

It sounds like you’ve already made many of the decisions you would need to make in a separation agreement. However, I do suggest that you see an attorney and have one drafted before your divorce is final.

Best wishes,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

While it is tempting to “go it alone”, and not seek legal counsel in your situation, I would advise you to at least seek the ADVICE of legal counsel. Keep in mind that having a consultation with an attorney may be relatively inexpensive compared to rights you may lose by not being properly informed.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.


#3

</font id=“Comic Sans MS”></font id=“size3”></font id=“blue”>My year has now past and I am ready to file for my divorce. I have read just about everything on your website but have a few question that keep coming up into my mind. If I file for an Absolute Divorce with out any type of separation agreement with my soon to be X, does this mean he will no longer be responsible for any debt we had incurred during our 19 + year marriage and also, am I waiving all his rights to be responsible for care of our two teenage children? (refering to medical & educational & basic up keep on a day to day basis). Our son (14) lives with him (it is the choice of our son) and our daughter lives with me (at the choice of our daughter) I do not want anything out of the marriage including our house, land & furnishings. Material things just seemed to have ment more to him than I did. I left with only my clothes and personal items and my car. Since my leaving, I traded in my car which were in both of our names, he signed the title off and I purchased another car in my name only. I do not want any type of marital support for myself. I am willing to sign my name off his truck & the house if he refinances out of my name. I have and am continuing to pay health/dental insurance premiums on both our kids and to date I have paid for all medical & RX’s myself. I am and will continue to cover his health/dental on my family policy until our divorce is final. After than, he will be dropped but I will not drop the kids. Do I legally have the right to ask him to reimburse me for 1/2 of all the premiums I have paid and will continue to pay until the kids age out?
I know you are going to tell me to get an attorney but in my situation, I honestly feel since I don’t want anything now or in the future for myself, I will save alot of money on attorney’s fees by filling the paperwork myself.
Thanks for the help!

sandy