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.
Shonnese D. Stanback
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
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.