Divorce settlement questions

If all of your property is located in Maine then Maine would have jurisdiction over your property issues, even though she lives here. However, you can have an attorney in North Carolina draft up a Separation Agreement. You may want to consult with an attorney in Maine first to see what the laws are there regarding the division of property.

If you need a referral you can contact Jessica Pellas in our office at 919-787-6668 x. 100.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.

I live in Maine. My wife abandoned me for no apparent reason (she has never given me a reason), moved out two years ago, and resides in Asheville, NC. She is a NC resident. There was no abuse. We have been married 30 years. My wife wrote me a couple of months ago and said she is not coming back and wants a divorce. I have tried to reconcile but with no success. We have one child, 24 years old, who is living independently.

My wife wrote and asked me to initiate an equitable property settlement for her to review. She does not want to hire a lawyer to represent her. She feels we can work things out between ourselves. We are not angry with each other.

If we can mutually agree on a divorce settlement in writing, we do not want a judge interfering with our agreement.

I don’t want a judge in Maine to interfere with our settlement agreement, if by my initiating this process it would fall under Maine jurisdiction. I think the laws are different regarding this in Maine.

Will my wife have to initiate the divorce in order for it to take place in NC where we can mutually settle our property distribution without a judge’s interference?

If she has to hire a lawyer, I do not want her lawyer trying to convince her to take me to the cleaners also.

Is it true that if we agree on our own settlement terms, that in NC a judge will honor that and not try to change anything?

I am willing to do some paperwork myself, get the proper forms, and so forth, in order to save some legal fees, if possible.

Also, who would be a good lawyer for me to contact in Asheville?

Sincerely and thank you for your responses.