Clarification re: Do-it-yourself divorce


#1

You will need to have an agreement regarding the house in a written, notarized, legally binding contract before you finalize the divorce. The issues are dealt with separately. I cannot tell you if the document you intend to draft would be legally binding without looking at it first.

You should not move forward with the divorce until you have resolved this issue.

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.


#2

Hello,

My spouse and I have been seperated for over a year now and would like to continue the divorce proceedings. We are good friends and the split has been entirely amicable.

Given that we are on good terms, and also relatively strapped financially, we had assumed that a do-it-yourself divorce would be our best option.

We do own a house together. He is currently living in the house and I reside in an apartment. He is paying the entire mortgage of the house, I am paying rent on my apartment. With the housing market being what it is, we are not interested in selling the house at this time and would like to continue joint ownership, even after the divorce. Our plan is that when we do eventually sell the house, he will get credit for the amount that he has paid on the mortgage. We were going to spell all this out in a document that we both sign and then have notarized, and was hoping that would suffice for the property distribution.

I am a bit confused, however, if we can continue with a do-it-yourself divorce given the statement on your site "If you have not yet completed all action related to your alimony claim or property distribution claim you should not do your own absolute divorce.

Can (or should we) still go forward with a do-it-yourself divorce? What impact would this have on our jointly shared property and our individual legal claims to the property after the divorce (we are both listed on the mortgage and the deed.)

Thank you for any help!