Does absolute divorce include assets?


#1

For background, my wife and I were married for 25 years, we have three children ages 24, 21 and 17, we were physically separated back in 2010 and we now want to finalize the divorce. We both want a low cost, non contested absolute divorce and both agree on exactly how to split up the assets as well as alimony paymnets. I have several questions related to this:

  1. Can we just fill out the forms required by our local county clerk of courts along with a breadown of how we’ll share the assets and alimony and that’s all there is? (Note: One of the assets is an IRA but in talking with the bank, they say they only need a divorce decree to move the amount from my acount to my wife’s.)

  2. If my wife signs a notarized document that she agrees to both the division of assets and the amount of alimony, can the judge deny it or change it if he/she doesn’t feel it’s reasonable even though my wife has agreed to it?

  3. My youngest daughter will be 18 in March 2014, is it a requirement that there be child support paid until March 2014 or can we both waive that if we agree to that?

  4. If we start this process today (10/19/13) when can we reasonably expect our divorce to be final/official?

Thank you.


#2

You have spent the best years of your life together…! now you are old and you need sostenere of each other…!
so please do not get divorced…! It will be a very bad effect on your children …!

plagiarism-checker.me/


#3

*** Not a lawyer ***

It sounds like you want to do what my ex-wife and I did.

For dividing assets and determining alimony, you’ll want to do a separation agreement. It doesn’t need to be filed with the courts at all. There is a sample on this site, and some detailed articles as well. Since you agree on the division of assets and everything and your children are almost all grown, it shouldn’t be too difficult to have one drafted or to draft one yourself and then have both of your lawyers look it over. Then you print out two copies, and you both go before a notary to sign them.

Once you have a signed and notarized separation agreement that addresses the particulars of alimony, I don’t know what circumstances if any might allow a judge to set it aside. I think one party would have to prove the separation agreement or the alimony portion of it invalid in some manner.

Regarding child support, there probably should have been child support being paid all this time while you were separated. And you and your wife can’t just waive child support, because child support is supposed to be for the best interests of the child and “the best interests of the child” isn’t something you or your wife can waive. On the other hand, you don’t have to follow the NC child support worksheets if you can make a decent case that some other terms satisfy the “best interests” criterion. In any case, your separation agreement should specify what child support you both agree to and (if different from the NC worksheet) why it satisfies the “best interests of the child” requirement. Again, if you and your wife can continue to settle any disagreements privately and neither of you invites DSS to involve themselves (note “inviting DSS to involve themselves” is a requirement when applying for various kinds of public assistance), it need never come before the courts at all.

Also, BTW, note that child support in North Carolina doesn’t necessarily terminate at age 18: if the child is still in high school, it normally continues until graduation, drop-out, age 20, or “fails to make satisfactory academic progress towards graduation”.

As for getting the actual divorce, see the thread “(Relatively) fast divorce?” in this forum for details on how my ex-wife and I did it. The key is to look at that “Judgement for Absolute Divorce Before The Clerk” form and make sure every finding is clearly satisfied based on the documents filed. Not counting the time to prepare all the paperwork, it took us about 3 hours.


#4

You can put all the terms in a separation agreement. If you have reached mutual understanding about the terms to be contained in the agreement, you can be finished with it as soon as you get it drafted and signed. There is language that you can use in the agreement to fit your needs for child support. You may want to consider using Rosen Online to complete your separation agreement so you can ask specific questions about the terms of your agreement and get assistance with forms.