I’ve been trying to get a separation agreement signed for a while. We did mediation a few months ago and it costs so much I had to stop using my attorney and I finished the agreement on my own (according to what was agreed in mediation). I sent it to my ex and now his attorney is replying to me, asking for the agreement in a Word (I sent a PDF as I don’t have word and don’t want her to edit it directly). I don’t want to work with her. I’d rather communicate solely with my ex since I don’t have a lawyer. Previously he told me I have to communicate with her, but that doesn’t sound right to me.
He hasn’t paid any alimony and I’ve always stayed home with the kids, so I have no income and can’t afford an attorney. If he and his attorney refuse this agreement, is there anything I can file for temporary spousal support?
As long as you are not divorced, you can file in court for postseparation support and alimony.
However, it is likely in your best interest to get the agreement finished out of court as you remain in control over the outcome. When you go to court, you give up all control over the outcome to the judge.
If your spouse has a lawyer and he does not want to communicate directly with you, then you will need to go through his lawyer.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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