More questions! :0)


#1

Question #4 – If the answers to questions 1 & 2 are “yes” and “yes” …

I meant to say if the answers to questions 1 & 2 are “yes” and “no (not having to file ED)”

Sorry! It’s late!

Jamie


#2

I am not certain about question #1, but question #2 is no. You don’t HAVE to file ED but if you are going to file, then it must be before absolute divorce is granted. You can not go back afterwards and to file a claim.
#3 - It sounds as though you two have a very amicable separation. I would suggest that you two draw up an agreement about child support/custody and have it signed and notorized. This way you have some protection if he quits paying or if you don’t let him have visits but you aren’t paying out all that money for an attorney. If you go to DSS it’s quite possibly out of your hands. I’m not positive on how to go through DSS. My husband’s ex uses them while he had an attorney, but she was had the children on Medicaid and was getting finacial assistance herself so I’m not sure if child support just went along with the rest of it or what. I do know that once the state gets involved it takes and act of congress to get anything changed, modified, increased, reduced or stopped. Just something to think about.


#3

Thank you stepmother, for responding! Since it is a very amicable separaton, and he has agreed to an amount, we’ll probably draw up an agreement ourselves. I found a form called a “voluntary support agreement” that I’m going to find out if I can use!

Jamie


#4

The quitclaim deed can be signed at the closing.

You do not need to file ED if you have divided everything, but make sure that you have dealt with all of your property issues before you decide you have divided everything.

If you have agreed to child support your spouse can contact Child Support Enforcement and enter into a Voluntary Support Agreement. The website is www.nccourts.org.

There is no reason you cannot do a do it yourself divorce. However, I would consult with an attorney before filing for a do it yourself divorce to make sure that you have truly dealt with all of of your property issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#5

Hi everyone! I’ll try to make this as simple and short as possible. Thanks to those who answered my previous question about child support.

STB Ex-husband and I have already divided all of our “stuff” from the house. We did this when he moved a year ago.

He is going to sign a quitclaim deed for me to have the house, and in return, I’m taking the debt. The mortgage is in my name alone. We don’t want each other’s retirement. We’ve already agreed on that.

Question #1 – I’m going to refinance soon to get a fixed rate. Can the quitclaim deed be signed at the closing?

Question #2 – If there’s nothing to “divide” do we need to file ED?

Question #3 – If we agree on a child support amount between the two of us, does an attorney have to be involved? Or can we go through DSS? If we go through DSS, do we just walk in and say, “Hi. This is what he’s going to pay.” Do we have to have any kind of previous paperwork when we go in there?

Question #4 – If the answers to questions 1 & 2 are “yes” and “yes” and we can take care of child support alone at DSS on our own, then would a DIY divorce using the forms on this site be a wise option? We’re both pretty smart and organized and can figure it out.

ALL advice and opinions are welcome. (Did I just open a can of worms?) Also, if any of the attorneys would also respond, that would be super!

Jamie