Agreement


#1

Dear almostdone:

Greetings. Let’s see if I can answer you:

  1. Yes, an order will still be in effect unless you both file motions to withdraw.

  2. Yes, this is standard language, but before you sign it, you may want to check and see if his employer offers retirement.

  3. I would not agree to the language of the agreement under the facts. Home state is where the child has lived for the past six (6) months continuously. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

So, if we get back together, and stay married for 1 or 10 more years, than this order is still in effect? What if we acquire more assets/debt? We dont feel joint custody is the best option anymore? Cheating or adultry comes up? This is interesting.
Is it common for couples who reconcile to file motions to withdraw? Is it costly? Thanks!


#3

Dear almostdone:

Greetings. First, it is a voluntary dismissal without prejudice, not a motion to withdraw. (If I said it incorrectly, I apologize).

Next, an order for child custody, child support, and alimony can usually be modified by a court if there is a substantial change of circumstances. On the other hand, a final equitable distribution order is final when signed. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#4

Okay, I just want to make sure I understand correctly. If I sign a separation agreement, and we decide to reconcile. Than, any assets we aquire (after that agreement is signed) are NOT marital property, if we decide to divorce 4 years down the road. However, custody, alimony and child support can be re-opened (even if no alimony is in the agreement?). If there is a voluntary dismissal without prejudice is all of this still true. I truly appeciate your hard work!

The reason I am so curious is that my husband says we MIGHT reconcile, but only after I sign the agreement(I dont want the divorce). He is so hard-headed about getting this signed asap. He blames it on not wanting anymore attorney fees.


#5

Dear almostdone:

Greetings. No, if you sign a separation agreement and reconcile then the separation agreement provisions determine what is marital property and what is not after a reconciliation.

You do not have a voluntary dismissal without prejudice without a lawsuit. If you sign a separation agreement (versus a court order)then you do not need a voluntary dimsissal. So, let’s start again…do you have an order or an agreement?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#6

I apologize for the misunderstanding. I believe it is an order. My husband filed a civil complaint, I answered. And now he want to settle out of court.


#7

Dear almostdone:

Greetings. The first think that you need to know is when you sign the document, will it be filed in the courthouse or will the claims for ED, CC, and CS be dismissed. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#8

It will be filed in the courthouse. The claims for ED, PSS, CC,& CS are outlined clearly. My questions are, if we ended up reconciling w/out a divorce;
1 Will these be the terms if we divorce/separate years later?
2 CS and CC can always be re-evaluated right? As of now we have joint physical custody.
3 If we aquire more assets would those not be considered marital property?
4 Will I have to stick with the PSS I originally agreed to?
5 My husbands gross 9200 monthly, 1 child of the marriage and another that is mine. I am a full time student/mother w/help from inlaws. The order says 800 CS 300 PSS for 12 months, monthly. Does this sound fair?

I feel like like my husband does not want a divorce, but wants complete control over the situation, and wants to make sure everything he acquires is his. Would what he is doing(this process) make sense if this were the case? I am a stay at home mother, and have always been. Thank you so much I really appreciate your time and hard work!!


#9

Dear almostdone:

Greetings. A court order can almost always be modified by a request of either party. So:

  1. Yes these terms will exist even if you reconcile, but they can be easily modified (at least the support and custody provisions can).

  2. Yes, child custody and child support can always be modified.,

  3. That depends on the clear language of the court order.

  4. Yes, most likely you will.

  5. No, that does not sound fair, but I don’t know the other circumstances (such as length of marriage, etc.).

Finally, I disagree with placing your agreement in a court order format. If you believe that a chance for reconciliation exists, insist on a separation agreement format. If properly drafted, everything he acquires from today forward would be considered his. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#10

Our seperation agreement is titled: EQUITABLE DISTRIBUTION,PERMANENTCHILD CUSTODY, AND CHILD SUPPORT ORDER.

1 if bychance we get back together will this still be in effect? Or, will it be thrown out?

2 Also it says that both parties are to retain ownership of their respective 401K accounts and retirement accounts, and all other property currently in their possession. My husband states he has no 401k or retirement accounts. Is this standard language in all agreements or does it sound like he is trying to pull a fast one?

3 how does one decide what is the childs home state?Our agreement says that we have joint custody and the home state will be NC however he is with me in GA about 200 nights a year. No agreement has been signed yet.
Thank you!!