Pre-separation settlement


#1

I wonder if the court actually saw the settlement? If so it is an order; if not, I would say it’s still up for grabs.


#2

To my knowledge the settlement agreement was handled properly. It was signed by both spouses. His lawyer explained it to her and advised her to talk to a lawyer before signing. She declined, she just wanted her money right then. The agreement was notarized. I think that now that she has blown through the settlement money and totaled the vehicle that she got from the settlement, she is worried about her future. She has no job and no way to support herself. While I think it is sad that she is in this situation and I think she probably deserved more in the long run than she agreed to, that still doesn’t change the fact that she wanted to leave. She agreed to the amount with the understanding that there would be no more money once the agreement was made. She just wanted the most money she could get right away in a single check. Then she moved in with her boyfriend. We are just worried.


#3

OK, this might just be a tactic to see who’ll jump first. Has her lawyer set a court date yet? If they were truly serious, he would have set a court date showing the intent to have this tried in court. My guess is that it’s a bluff. Keep your cool, don’t talk to her about it, and see what she does. She might be waiting for you to file a formal separation motion in court so you’ll pay for it. What does your lawyer say about it?


#4

No court date has been set yet. Her lawyer just said that he was filing for a 30 day extension to prepare his case. After this one year separation his lawyer mailed her the divorce papers to sign to make it official. She held onto them for a few weeks, then got an attorney. His lawyer says that he has nothing to worry about, that she can’t break the separation agreement as long as he didn’t hide any money from her. He didn’t, but we are still worried about what she can do.

Thanks


#5

Excellent! It’s a bluff. I’d do nothing but wait, and listen to my attorney.


#6

Dear cbd8128:

Greetings. If the agreement contains all the proper waivers, then no, she usually cannot get any more from him. If the agreement does not contain those waivers, then he may have a large problem brewing.

I hope that he had the agreement reviewed by an attorney.

Finally, he does not need her to sign for the divorce if he serves her by Sheriff. Thank you.

Janet L. Fritts
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.


#7

Hi, I am posting for someone else. He and his wife have been separated for over a year. Before they officially separated, they signed a settlement that his lawyer drew up. The agreement stated a one time cash payment to her, whatever furniture she wanted and her car to be paid off. He also agreed to keep her health insurance until the divorce was finalized. Let me also add that she is the one who wanted to leave. His lawyer mailed the divorce papers to her after the one year date of their settlement. Now she has a lawyer and won’t sign. Her attorney has filed for an extension. So we are guessing that she is planning to try to get more from him. Is it possible for her to get anything else even though she agreed to the settlement before she left? What should he do?

Thanks