Greetings. In the future, please try to reply to my post (instead of creating a new post), so that I can look back and see any of the information I am missing.
Now, on to your answers:
No, the agreement should not be void if you have not worked on reconciliation. Nights and weekends can add up to reconciliation as it is a totality of the circumstances issue.
Possibly. The court would look at the entire period of separation. Did your vacation or living together stop the separation period or end the intent to remain separate and apart?
This is not the right question. The right question is did a third party, looking at your situation, still assume that you were married?
Using attorneys to draft an agreement is different than consulting with them. Just to be sure we are on the same page there. 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.
Thank you. I would like to ask you further clarification.
1.Would couseling, be “working on reconciliation”? Do you have any other examples of what working on reconciliation might be?
Same response #1. Would you clarify what nights and weekends adding up means? Is it that they run continuous?
If we did not live together, having seperate households, bills, etc., and did vacation and spend some nights together, and the 12 month seperation time ended, and I wanted to proceed and file the Decree of Divorce, would that vacation time or staying over night void the Property settlement?
Could you explain your answer to me as I am not sure what you mean? “To stop the seperation period or to end the intent.”
What would the answer be to your reponse, having reworded the question? “Did a third party looking at my situation, still assume I was married?”
I do not believe we will reconcile, as nothing has changed from the last time we “seperated”. It was not legal, as it is this time. I want to know that I really did try everything. I will not move back together under any circumstances in the 12 month period. I would have to see “real” change or I am proceeding with the divorce. I don’t want to do anything foolish that would jeopardize the property settlemt in the meantime.
Thank you for the information you are providing.
quote]Originally posted by JanetFritts
Dear whitemich:
Greetings. In the future, please try to reply to my post (instead of creating a new post), so that I can look back and see any of the information I am missing.
Now, on to your answers:
No, the agreement should not be void if you have not worked on reconciliation. Nights and weekends can add up to reconciliation as it is a totality of the circumstances issue.
Possibly. The court would look at the entire period of separation. Did your vacation or living together stop the separation period or end the intent to remain separate and apart?
This is not the right question. The right question is did a third party, looking at your situation, still assume that you were married?
Using attorneys to draft an agreement is different than consulting with them. Just to be sure we are on the same page there. 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.
[/quote]
Greetings. Oh my…let’s see if we can clear this up.
You must remain separated. If you reconcile, the court will look at the totality of the circumstances to determine if that occurred. They will say “what would a third party looking at the couple think?”
I truly believe that you have to live together, not just isolated acts.
No, it would not void the property settlement.
You have to continually have the intent to remain separated.
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.
quote:Originally posted by JanetFritts Dear whitemich:
Greetings. Oh my…let’s see if we can clear this up.
You must remain separated. If you reconcile, the court will look at the totality of the circumstances to determine if that occurred. They will say “what would a third party looking at the couple think?”
I truly believe that you have to live together, not just isolated acts.
No, it would not void the property settlement.
You have to continually have the intent to remain separated.
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.
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
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.
Thank you for your response to my former questions.
The document signed and filed is the Separation Agreement, not a Decree of Divorce. I said that wrong.
Item I: says that both parties honestly believe that the marriage is irretrievably broken and there is no possible chance of reconciliation.
We did agree that we would not see other people and would give the separation the full year to make sure there was no chance for reconciliation. Both of us would like to make the marriage work, it just hasn’t. I believe there will be no change. I am the one that has the most to lose, as I have been the sole income for our home.
In your opinion because we signed knowingly, that we would make efforts to repair our marriage during the separation, would this void the agreement? We will at no time live together. He has spent the night, and the weekend, but nothing more than that.
VI- The parties both agree to live separatly and apart. Each shall be free from interference and control of the other as fully as if he or she were single.
Does our going on vacation or his spending the night constitue “living together?”.
What would “living together” mean legally?
These two provisions are the only reference to reconciliation.
We did not use Attorneys. Each of us did have a consultation, during the proceeding year, when we discussed spliting up. It is a very strange situation.