Recently, I was denied my bed and board lawsuit. My evidence was not strong enough no violence, no addictions, just verbal abuse. Now my wife is ready to move out. My Questions is: what is the next step, should a separation agreement be done? Here is some backstory, I’ve been married for 22 months, we moved into the home that I owned prior to the marriage. I found out that my neighbor encroached on some of my property. My spouse and I signed that piece and pocketed the monies. the lawyer that did the paperwork said as long as the house does not go into foreclosure no harm no foul. It is my wife believes she is on the Deed which, I know she is not. So, I wrote up a separation agreement that had free trader and mutual release, and a lump sum settlement payment for the in it so, I could sell the property if I needed to and protect my 2007 retirement benefits from the National Guard which i will get at the age of 60, My wife said she will not sign it.
A separation agreement can be used to settle these issues. If your wife is not agreeing to the terms you have proposed, then you can use a mediator to help negotiate the full settlement that both you and her can agree to.
If this still does not work to reach a settlement, then you will need to file in court for equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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