Joint custody without monitary compensation


#1

I think you are confusing the divorce paperwork with a separation agreement. You can draw up a separation agreement with the terms you and your husband have agreed to and have it signed and notarized. Then, you can file for divorce with the court. The court never has to see your separation agreement. It will be a binding contract between you and your husband. While you do not have to hire an attorney to draft such an agreement, I recommend that you do let one look it over before you sign it. What your husband’s attorney may be telling him is not to sign a separation agreement with those terms because he may not feel it’s in your husband’s best interests. I do not understand your question about filing an answer with the clerk of superior court. If you are talking about filing an answer to the divorce complaint, it would be to the clerk of district court, not superior court. And, if you and your husband do not have a signed separation agreement before the divorce judgment is entered, then you lose the right to equitable distribution of the marital property and alimony. However, if you need to preserve those rights until an agreement is signed, then you need to talk to an attorney about filing counterclaims for both. The Answer is not a letter, and there is no form that you can get from the clerk. You really need to talk to a lawyer. And yes, you can ask for attorney’s fees for child support, child custody and spousal support.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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

My husband I have finished our year of separation. I can not afford an attorney and am trying to make this as easy as possible. He has informed me that his attorney said that NC Law says that we can not put in the divorce papers: We want joint custody of the three children ( one week with each parent at a time, totally 50-50) Taking turns with holidays, etc. He also informed me that we can not put in the divorce papers that we do not want any monitary compensation from each other. He pays for daycare and insurance now and I feel that he is paying enough. I am in the process of building my cleaning business and am doing so fairly quickly, so, I feel I can provide for the children while they are with me without child support and allimony. Is this true? I thought that as long as we both agreed upon what was drawn up in the divorce papers that it was not a problem. Am I wrong? Also, since his lawyer has informed him that he can not do this, I am forced to file a written answer to the Clerk of Superior Court. Is there a form or example of what should be written in this letter? Can I make him pay for my attorney fees since he wants to push the issues?