Do I need to see an attorney before I separate?


Dear jlg123:

Greetings. You may not be thinking about all property you share together, which would be marital. For example, if either of you are accruing retirement during the marriage it is marital.

I would go and talk to an attorney to review your situation and they may be able to help you plan accordingly for the problems that may exist in the pending separation. Yes, the sale or refinance of the marital residence is an issue that an attorney can help you with and will have to be dealt with correctly in the separation agreement. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


I want to divorce my husband. The only shared property we have is our house. What is my first step? Do I need to see an attorney before I tell him I want to separate?
My main concern is my liability in so far as the mortgage is concerned. My preference would be to sell the house but my husband might want to keep it. Is this the kind of detail that would be worked out in a separation agreement?