Bottom Line

North Carolina Divorce Law Divorce and Separation Answers
1

Although I understand that you and your wife do not have much in the way of available funds, hiring an attorney to assist you in drafting your separation agreement is a worthwhile investment. Usually, negotiating the terms of the separation agreement is the most time-intensive part. Since you say you and your wife agree to all the terms, it’s possible that you can find an attorney who will draft an agreement according to your specifications, and will charge you only an hourly or flat rate. Consider this a good investment, as there are specific provisions that need to be set forth in a separation agreement, and you don’t want a document that either of you might later challenge. Depending on the property division, and the area in which you reside, you may require additional documents besides a separation agreement, including but not limited to deeds, titles, powers of attorney, a memorandum of separation agreement, etc.

Another option is to draft an agreement yourself, then hire an attorney to review your final agreement.

Meg Miller
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

2

My wife and I agree on the equitible property distribution, child custody, child support and alimony issues. We’re strapped for cash and need to prepare and file our separation agreement as inexpensively as possible. I know that this is asking the baker where to get fresh bread but can you point me in the direction of the lest expensive way to get this done? There’s real estate, 401K, roth IRA, and the items above involved. I know you always recommend the advise of an attorney, which I want only to the extent that they identify problems - not as a mediator or negotiator. I basically want someone to prepare and file the documents, make sure there aren’t any holes in the terms and ask all the right questions to make sure I haven’t left anything out. I’ve learned so much from your site that I almost feel guilty asking - we just don’t have a choice. If you are able to give me some recommendations, how much can I expect to spend? Also, if it ends up that I don’t have any choice but to just bite the bullet and hire an attorney and go the traditional route, do attorneys work with clients as far as payment? As I said, we have very little cash and no credit available to us. Thanks in advance.[:)]