Amendment to the Separation Agreement


#1

I meant Memorandum of Agreement. Sorry!


#2

Dear maverick:

Greetings. If you do not have a separation agreement, you cannot have a memorandum of agreement. The memorandum states to the public that you have a separation agreement.

What you need is a Free Trader Agreement. The Free Trader Agreement allows you to purchase property that will be separate. Without the separation agreement you should not (and probably cannot) purchase the property. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

I don’t have the Agreement official yet! It has been written but is currently in the revision stage. I’m hoping for a signature this week.

A Free Trader Agreement? This is getting to be a real pain and my wife and I are cooperating. I can imagine how difficult it is for others whom don’t have the luxury of our income and no kids. This really sucks.

I’m not sure my attorney knows or has experience with all this. He was a little evasive when it came to questions on the Memorandum. He has stated that it’s not necessary as he has written the Agreement in such a way that it can be filed and I’lll free to do as I please. I really don’t want to be haunted in the future by the lack of proper representation. If you were closer to home, I would hire you in a heartbeat.

Should I pursue both the Free Trader and the Memorandum or just save myself the expense, be patient and not purchase anything until I have the divorce final?

P.S. I confronted her yesterday about the Attorney who works in Raleigh and lives in Durham. She finally admitted to spending the weekend of 9/10-12/04 with him after I gave the evidence I have. This evidence wasn’t photos. I didn’t hire a PI. She still denies an affair! She states it’s only a friendship. I don’t buy it and finally told her it’s over. That was one of the hardiest things I’ve ever had to do. She asked me if I still wanted the marriage to work and do I want to be with her. I looked her in the eye and said, “No, I don’t want to be with you. The marriage is over!”


#4

Dear maverick:

I always advise my clients never to record their separation agreement, as this contains their private information and after it is recorded will become a public record. You can look at anyone’s separation agreement on the internet if it is recorded in a county that posts it’s documents on the internet.

I would get the signed separation agreement and a memorandum of agreement. Then, you can purchase anything you want. I would be patient though until both of these are signed, since your spouse can use your anxiety over purchasing property against you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#5

I haven’t expressed my interest in purchasing anything to her. She hasn’t a clue.

Thanks Janet. You have made this ordeal much easier for me. It was by pure luck that I was able to find this forum. I’ll be sure to pass the forum along to others in need. I truly appreciate you time and advice. This may offically be my last post. If so, I want to take this opportunity to thank you for all your help in this matter.

Take care,
Mav


#6

Dear Mav:

I am glad that I was able to assist you. Let everyone know that we are here to help if they need us. Maybe soon we will be able to take our “show on the road” and help even more people in other counties across North Carolina!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#7

Do I need an Amendment to purchase a motorcycle? I know you stated I would need one for the purchase of a home. Is the Amendment a blanket that encompasses every purchase after the Separation or just homes? Can I safely purchase “stuff” without an Amendment? I need furniture too!

She hasn’t signed the Agreement yet. Her attorney is insisting on some sort of change in regards to bank accounts that are not even joint accounts and he’s dragging ass about it. He