General and ED questions

North Carolina Divorce Law Divorce and Separation Answers
1

thanks for recent responses-- much appreciated

  1. Clarification, please-- If an SA has been signed/notarized, can I move out 6 months, or 12
    months later and it still be valid?
  2. Can I still be forced to litigate by spouse (i.e., sued for divorce, not just necessary Motions, etc.) once an SA has been signed?
  3. If bankruptcy is necessary for me at any time, does the bankruptcy Judge determine what I’m able to pay (alimony, child support)?
  4. Isn’t land usually marital property, regardless of who says “they” paid for it? (spouse claims
    money for land was paid for by her but it was with funds from sale of other marital property).
    If land had to be “forced sold” by spouse to satisfy ED, can I impose a minimum acceptable price to avoid her short changing me?
  5. Spouse says Federal retirement benefits are off limits in ED (like social security is)-- what’s the truth? If they are marital property, then my share would equal the appreciated value of the
    invested amount earned during married years only, distributed (is a QDRO necessary?) only upon her retirement, correct?
  6. Is my credit card debt considered property or not-- spouse claims she can show I “spent it all on myself”, but in fact, other than a few reasonable (commensurate with our incomes) personal items,none of which I consider extravagant, much of the credit card debt was used for routine, recurrent expenses everyone has. Much obliged
2

While there is no stated time frame, however my “rule of thumb” is that no more than 10 days should pass between the execution of an Agreement and the physical separation.

Once a separation agreement settling all issues has been signed the agreement can be plead in defense of a lawsuit.

Bankruptcy court does not have jurisdiction to preside over child support and spousal support claims.

Land is marital property if it was purchased during the marriage. You cannot impose a price on land. If the two of you cannot agree on a buyout price, the court will decide for you.

Spouse’s can be entitled to a portion of each other’s social security benefits depending on the length of the marriage. Any division of these benefits are handled through the SSA, as a state court cannot preside over a federal agency.

Credit card debt incurred during the marriage is presumed to be marital in nature.