Clarification on Seperation

North Carolina Divorce Law Divorce and Separation Answers
1

A written and notarized agreement can be legally binding, but it must meet certain requirements to be a Separation Agreement. It might be best to meet with an attorney for an initial consultation and review your proposed document with them so that they can advise you on the legality of it.

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.

2

My stbxh is moving out this weekend. We have agreed on who gets what, who is responsible for what debt, etc… if we put this in writing and have it notorized will this hold up in court later? And does in end each others financial responsibility? i.e if he incurs debt later am I responsible and vice versa.

We have a year to go and we want to make sure that we are both protected.

While it all sounds nice now, stbxh, has committed adultry, and at this point is willing to agree to anything, but all I want is a 50/50 split on all debt and a fair amount of CS (based off several different calculators found online)

Any advice would be helpful!