If your husband asked for a separation agreement fine. Do not move out of the house. If he wants a divorce he/you have to be separated 1 year. That can’t start until you are living under a separate roof for 1 year. If he wants a divorce then make him be the one to move out. You do that by staying put in your house.
Do not sign a separation agreement until you are satisfied what it says. You really need an attorney to look over it. Again, separation agreements are not filed with anyone. They are agreements between 2 people period. There are in full force once both parties sign and notarize them.
It is possible, but unlikely that an attorney will take a case on contingency. Just too many variables. They (the attorney) might have to turn around and sue their client to get paid if they took it on contingency.
If you can find enough funds to have an initial consultation you can meet with the attorney and review your finances. The attorney should be able to give you some ideas on how to pay the fees. There are no attorney’s I know of off the top of my head who will take payment at the time of settlement.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
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
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.
Are there any attorneys in Charlotte, NC or the surrounding areas that will let you pay them at the time of settlement? I am a stay at home mother and do not have access to funds for a retainer or money to pay hourly without husband knowing I am seeking legal counsel. He is the one that has asked for the separation and he also has control of our money. I have no one to borrow it from so that is not an option.
How do you pay the attorney when your hands are tied so to speak, until after the legal separation is filed and spousal support granted. We own a home, beach condo, 401-K, and his retirement but I will not have access to any of that until (and unless) I can hire an attorney NOW to make sure I am protected and am awarded these things. How does this work…anyone???