Annuling Seperation Agreements


#1

It sounds like this was a false pretense for medical insurance and a very good reason to have the separation agreement voided, if possible for not disclosing all pertinant information.


#2

Under the circumstances you may be able to bring an action to rescind that provision in the separation Agreement. However, that will be expensive. Is it possible to simply divorce her before she gives birth?

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]Under the circumstances you may be able to bring an action to rescind that provision in the separation Agreement. However, that will be expensive. Is it possible to simply divorce her before she gives birth?

There is no way to divorce her before she gives birth. we’ve been seperated since february and she is due in january. so since in NC you have to be seperated for one year and one day i’m kind of stuck. the other problem is that i am a Marine and the Marine Corps requires me to have her enrolled in medical until the day of the divorce. i just want to make it so the kids father has to pay for her medical expenses not me.


#4

I do not know a lot about military law…there are some on this site that do. It may make a difference if the other man is also in the service…is it possible that the Marine Corps requirement of medical coverage could exclude anything having to do with a pregnacy by someone other than the spouse?

Does your STBX realize that since you are still legally married the child will legally be of your marriage, unless a consent form by the father is signed legitimizing the birth?


#5

what do i have to do to get this consent form? will this take the place of a paternity test in the divorce, and release me from liability for the child, i.e.- child support?


#6

I hope that an attorney will respond to this also because from what I am gathering, the father is the one that will have to do the paperwork for this but that it is necessary that you are a part of the proceedings. I believe that a paternity test in affect accomplishes the same thing resulting in legitimizing the child. If the child is not yours you would need to have the test done or have the father start necessary proceedings to facilitate the child’s legitimacy. Otherwise you will be finacially and legally responsible for that child as would any other father.

This is the NC General Statute: Chapter 49 Article 2
Legitimation of Illegitimate Children.


#7

I am sorry that you are going though this even for someone who serving our country God bless you.
You may want to look into the military law or ask the base CO to help you he/she can point you in the right area. In the military they do not play you maybe able to get divorce sooner no sure you need to look into this also have you been here more then 6 months? And I do not see why he should be responible if she had the affair and it is not his child. Do you know who the other party is? If so get him to pay all that he needs to.
Hope the best for


#8

Your legal situation is fairly complicated. I would advise you to consult with an attorney to deal with the paternity issue and the issue with the Separation Agreement.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

I signed my seperation agreement the other day. today i found out my wife is pregnant with another mans child. in my seperation agreement i agreed to pay my wifes medical co-pays and such untill the date of divorce. since she signed it without telling me she was pregnant and its not my child does that mean i can get that part taken out of my seperation agreement or have it annuled all together?