Unless you want to be on the losing end of the stick, you MUST get a lawyer. You say you can’t afford it, but you can’t afford NOT to. This is the BIGGEST mistakes folks make is thinking they can do it on their own. If SHE has a lawyer, you MUST get one.
I understand what you are saying, BUT THERE IS NO MONEY!!!
she has it all and wealthy parents to back her.
You are entitled to 1/2 the marital assets regardless of what she is telling you. That means 1/2 the checking, savings, 401K, furniture, home, cars…any marital assets. I suggest contacting a lawyer and see what may be worked out. Being a dependant spouse you are entitled to spousal support and that is regardless of whether or not she has the house and the children. It sounds as though she should not have an issue with the ability to paying spousal support so I do not suggest giving up on that. DO NOT sign anything until you have an attorney at least consult on this. Do not believe everything that is told to you. You do not HAVE to sign, or accept anything. By law you are entitled to 1/2 of the marital assets and spousal support. The only reason you would not be entitled to spousal support or alimony is if she can prove that you had an affair.
I am not sure about child support with you being the dependant spouse but you need to check about that also. Contact an attorney at least and see. Someone on here posted a attorney referral source at one time…I am sorry to say I do not know alot about that either, but maybe the attorneys on here could help with that.
An initial consultation with an attorney is usually not that expensive. At a minimum, you should have an initial consultation with an attorney, that will help advise you regarding the fairness of the agreement and perhaps suggest some counterproposals you could make.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I am a dependant spouse who has been seperated for 9 months. Because of the circumstanses I can barley support myself and deffinatley can not afford an attorney. My wife had an attorney before I ever knew I was in jeapordy. My spouse has a healthy 401k that as I understand I am intitled to half. My spouse had all paper work removed from the house before I could get a look at what half of the 401k would be. I desperatley need the money to start a new life. Now her lawyer is offering me what I consider not enough for me to get on my feet. My spouse says that spousel support is based on the ability to pay. she has the two children and the house. what can I do?