Agreements vs. Decree


#1

After absolute divorce has been granted you can not file a claim for equitable distribution, unless it states that ED would be decided at a later time or a claim has already been filed. I assume that is the only claim you are looking at filing since all else is separate and settled in the separation agreement.
All issues are separate in court. Child support and child custody can be filed for at any time.


#2

If there is an issue dealt with in a Separation Agreement, that is generally a final resolution of that issue. The only exception would be if that issue was somehow left open by the Agreement. If you have not settled Equitable Distribution then you can file a lawsuit to resolve that issue or negotiate an additional agreement. You will need to file a law suit or execute an Agreement regarding your property before the divorce is final.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#3

Sorry, but confused in your answers…I will put it this way; I have a Separation Agreement, Equitable Distribution Agreement, and Divorce Decree, I need to file a motion for alimony, post separtion support, and attorney fees because my previous attorney failed to “provide me due diligence in my domestic matter” and has benn terminated. I will Pro Se now. All three items were listed in the Separtion Agreement, does the Eqiut. Dist. or Divorce Decree overrule the Sep. Agree?

Thank You!


#4

If your separation agreement dealt with the issue of post separation support, alimony and attorney’s fees, you cannot bring those issues before the court again, unless the agreement allows you to do so. This would happen one of two ways: first that the agreement specifically allows you to address these issues before the court, two your attorney failed to include a paragraph waiving your right to go to court. If you get to court because your attorney made an error with the agreement, the court may prevent you from moving forward because of a theory known as equitable estoppel. Meaning your spouse thought these issues were dealt with and the court does not believe it is fair for you to address these issues again.

If your agreement did not deal with Post Separation Support, Alimony or Attorney’s fees, and your divorce is final then you have waived your right to address those issues with the court. If you filed an action for these issues before the divorce was finalized, then you may proceed.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#5

I have several questions: If alimony, post separation support, and attorney fees, etc, are all in the signed separation agreement you can still go back and file a claim after the divorce decree has been signed? Where does the Equitable Distribution agreement play into this or does it?

Child Support & Child Custody/Visitation, are both separate issues and claims?

Thank you!