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#1

Dear Jarhead:

Greetings. I do not know the laws in Pennsylvania, so I can only advise you concerning NC law. I would tell you that since you both live here currently, your wife may file here anyway.

To revoke the power of attorney, you should put it in writing and record a copy of the revocation with the Register of Deeds in the county you currently reside.

You personally must sign the verification for the divorce, but you can retain an attorney to follow through on the remainder of the divorce paper work for you. Yes, you may give someone else a power of attorney for any issue, but remember that your wife is your wife. What you need before deployment is a Separation Agreement which determines all of both spouses’ rights and obligations. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

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#3

Hey all…I’ve managed to come up with another question. If my ex files for seperation papers in NC (where you have to be seperated for a year) and I file for Divorce in PA (which has no waiting period), does the first one take precedence? Or would the PA motion, because seperation papers aren’t necessary in NC, be legally binding?


#4

Dear Jarhead:

Greetings. I am sorry to hear about your situation, so let’s see if we can help. First, you have evidence of her adultery now. She has told someone else and you can call that person in to testify about what your wife said. While that would normally be hearsay, it is a statement by a party opponent and therefore admissible as evidence. Also, your wife’s statements to you are the same thing.

Now, although you have committed legal abandonment, it is my opinion that your wife’s adultery is much worse than leaving when you found out about it. Adultary means that she does not receive alimony. I would tell you not to pay her alimony. You have not mentioned children, but if you have children, send child support by the guidelines to her.

On the TSP, your wife owes half the debt, so how you pay it is irrelevant (as long as the debt was accrued during the marriage). Best of luck and I hope that helps.

Also, I still don’t think that filing in Pennsylvania helps you, since all the marital property is here in NC, isn’t it?

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

Actually, I believe filing in PA does help…There is no waiting period to file for divorce. And given the fact that I will be in back Iraq in less than 30 days, that may be a good thing?


#6

Dear Jarhead:

Check on all the laws in PA, including alimony and equitable distribution (or community property). You better understand all the issues before you make a decision. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#7

Awesome!!! I just came back from our mediation (I took your advice and kept it in NC), and the attorney said that once we sign the seperation papers, it is pretty much iron clad. Most of it can’t be changed (except maybe the Child Support portion). Anyhow…if that is the case, what holds up the divorce in most cases? I mean, if we agree on equitable distribution, CS, Alimony, and retirement stuff, what else can hold it up after our year is up? I’d just like to make sure that I get any snags taken care of in advance if possible!

Thanks,
jarhead


#8

Dear Jarhead:

I am glad to hear that your mediation went well…and that someone actually takes my advice! Yes, when she signs a separation agreement, the only issues that can change are child custody and child support, if the agreement is drafted properly.

A divorce cannot be filed for a year and one day from the date of separation. If you mean what holds up the issues of equitable distribution, alimony, child custody, and child support, my answer is that many people do not understand their rights. These issues can be dealt with prior to the date of separation!

Nothing else can hold up your divorce! Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#9

Janet,
Thank you for all of the help.

My question, better worded, would read, “Now that we have a well written seperation agreement, inclunding Child Support, Alimony, Custody, and equitable distribution, next April 28th when I file for divorce, should anything hold it up?”.

I don’t believe so. I paid a little more than I should, but my daughter will be in her physical custody until I return from Iraq…So it isn’t money wasted and I won’t need it over there anyhow. Anyhow…I was more checking to make sure that before we notorize this thing tomorrow (we actually just used the same attorney - a retired LtCol - and he just acted as a consultant and didn’t represent either of us) that I’m not leaving out something that would cause a snag. But the big 4 have been covered in detail.

Thanks Again!!


#10

Dear Jarhead:

First, thank you again for serving all of us who sit here at home under the protection of your military service. I am glad to help in any way I can.

I am glad that you have come to an agreement. Just a few thoughts off the top of my head: make sure that child support is modifiable by future court action in your separation agreement. Also, you may want to pay her the portion above the child support guidelines as alimony for a set period of time (and have an ending point in the agreement) so that you get the benefit of the tax deduction.

Finally, get it reviewed by a separate attorney. It is ethically incorrect for an attorney to “assist” both parties in my opinion, as a servant cannot serve two masters. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#11

[quote]Originally posted by JanetFritts
[br]Dear Jarhead:

good morning, i live in virginia, last april my wife ask me to leave because of our differences. she is a barred lawyer. she hasn’t work since she was barred in 2001. she typed a separation agreement and she verbally explained the contents of the agreement. i signed the agreement without fully understanding because i felt that since she was a lawyer she wouldn’t deceive me, i signed over the title to my house and my car. i also agreed to pay a certain amount until she get on her feet. she told me that it shouldn’t take more than 6 mths to accomplish her goals. the question i have is this a legal binding document with her knowledge of the law over mines. what can i do?


#12

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