Are there any kids involved and who have them? Where was your family and friends when this was happening? Did he threat you into signing? where you affraid of him? How long where you married? when you say he seperated everything does that mean he split all martial debt(any thing purchased during the marriage) with you?
No, there were no children. There was no marital property “distribution”, I gave him the house, his car, his toys, etc. I took the cats and some furniture. I was only awarded seperation alimony for 12 months time. Screaming at me, violent behavior to sign an agreement, with threats that there would be a bloodbath if I did not sign his agreements…so, I signed and made arrangemenst to leave. He was drinking everyday at this point, straight burbon and very angry, violent, and insulting. My family lives miles and miles away from charlotte, nc. Colorado and Florida. I left chicago to live with him when we were engaged, trusted him, and then betrayed. All of my career, friends were in chicago. I moved here in 2000 summer and we married in 2001. We have been married since that time. We have filed for seperation last June 2004. Again, he did not split any of the assets/debt with me. He angrily made me sign a “quick claim deed” to release my rights to the house. I did not necessarily care about the home, car, material posessions…I just want to be okay financially now. Do I qualify for post-seperation alimony if he makes a considerablt income, stable career etc.?? Have I stupidly waived my rights away by signing that seperation agreement? I have not had the funds to meet with an attorney, up to this point, but I also know I must know my rights regarding the alimony thing now before we file for divorce.
Thank you so much.
i’M NOT A ATTORNEY BUT I would think that you might not get nothing in fact you left the house and I think by law that might be abandondment on your part if you left with a conscience mind and was not forced out. when you go for your divorce you should ask for half of everything that was gained during the time you were but that also mean you might inherit bills also.
I was told it was not abandonment on my part, simply because we had to sign a seperation agreement before i could leave the house and conditions. If anything, he abandoned the relationship and had me leave our home. I purposely stayed and hung in there for five months while doing this, so I could leave.
I thougt we could legal responses here from attorneys??
JANET FRITTS IS THE LEGAL REP HERE
Greetings. No, when you sign a separation agreement with the waivers for alimony and equitable distribution, then you have no recourse. You only get one chance to do a separation agreement correctly. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
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
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.
A couple of questions. My husband took off his wedding ring last January, made us sleep in seperate rooms, and phone conferenced our parents his intentions to seperate and divorce. We tried counseling etc. for five months. Finally, with him getting extremely verballly, emotionally and physically abusive to household furniture and fixtures we tried to agree on a seperation agreement so I could move out…even though he wanted the seperation (this was his house). After much pain and angst and being alone and comepletley dependent,I signed a seperation agreement with him which his attorney drew up awarding me alimony for the year of our seperation. There was so much tension, pain and violent behavior from him that I gave up trying to negogiatiate myself. Being completley dependent spouse, without any access to “his” accounts—we had seperate eveything, he never even put my name on the house, etc. I never had legal counsel. Now a year has passed next week from our signing and he has the house, the cars and motorcycles, all his toys and great career. I have nothing…no assets…no alimony…no career, no income. It has been a terribly painful year for me, and I know he is doing fine and vacationing. Fighting over it all was not worth my soul at the time…so I signed and walked. Now I am blaming myself for cheating my future…and what I should have owed to myself to walk away from a marriage and vows that were so important to me. I know I was stupid to not see an attorney then, but I did not have the money, was alone,in pain and wanting so badly to get out of his house under his conditions. Now, stronger and able to clearly see what I had no strength for, I am curious if I can still file for any equitable distribution-or post-alimony support, etc. We have not filed for absolute divorce yet…in a few weeks. We are speaking to each other civally over the phone regarding various issues, but I have so much anger at myself that I did not stand up for myself and get a lawyer at the time. Does it count, since he made me sign it? and that I did not have legal advice, even though it says that I did? What to do??
Any info would be greatly appreciated. Also, how much do you charge for a consultation fee if I still have a legal leg to stand on??
Thank you so much,