Divorce but no separation agreement


#1

We are located in NC. I am the supporting spouse and my wife is the dependent spouse (she had no income). We have been separated for a year. My wife and I started discussing the separation agreement but her father decided to hire her an attorney during the negotiations. There has been no discussion about the separation agreement with her attorney. I am proceeding pro se. Her attorney does not reply to my e-mails, voicemails or letters sent via certified mail to discuss the separation agreement. I have been considering filing for divorce to force her attorney to come to the bargaining table. If the divorce is finalized before a separation agreement is settled will that mean I will have to pay all the marital debt? As compared to her paying half and I paying half as we had discussed to be part of the separation agreement?
Thanks,
Ed


#2

If your divorce is finalized before you have settled ED and spousal support issues, both claims are lost forever. If failure to address ED is going to leave you with all of the marital debt, it would be a better course of action for you to file for ED prior to filing for divorce, that way your ED claim is at least preserved.