Do I need a "legal" separation?

North Carolina Divorce Law Divorce and Separation Answers
1

Dear robinschnabel0923:

Greetings. First, I do not know anything about public assistance programs such as food stamps, and you will need to contact them directly for questions.

Of course it is to your advantage to have a legal separation drawn up!!! A marriage of 27 years that is ending, amicably or not, needs some legal work. There is usually retirement assets, real estate interests, and in your case, children tht are minors. Decisions have to be made and adhered to and a separation agreement is the best format for dealing with those issues. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Okay, here goes…On January 31, I left the family home. Because of financial situations, my husband and children are eligible for food stamps, etc. My husband insists that because we are not “legally” separated, he may have a problem receiving aid (he contends that they will look at my income, as well). I have my own bank account that his name does not appear on, therefore, they can’t look at it for accessing his financial situation. As far as the other issues go, I am paying about ? my paycheck each week for child support and to help with the household expenses. Since all is amicable, would it really be to either of our advantage to have the legal separation drawn up? I’m all new to this, obviously. We have been married 27 years, have 4 children together, 3 of whom are minors.What do you suggest?
Thanks for any and all assistance.

Robin