Questions on DIY Seperations

North Carolina Divorce Law Divorce and Separation Answers
1

Dear ahayter:

Greetings. First, I have no idea what forms you mean for your separation. Many people sign separation agreements, but there are no standard forms…there is just contract provisions.

I cannot advise you enough not to execute an agreement without an attorney. If you have a house, retirement, children, or any debt…it may be imperative that you have an attorney assist you. No, there is not an agency for free legal advice/help for separation agreements. Some people take on debt to have attorney assistance, but they usually save the funds in the long run.

You need to think about alimony also. Yes, you should ask for your health insurance to be continued.

Yes, you can pursue child support through the child support enforcement agency and not include it in your separation agreement.

I do not advise that you use the warrant information as negotiating power over child custody, but that is up to you. He could easily remedy this situation by paying the fine, going to court, etc.

Not to sound crass, but with all the questions you have here, how do you intend to draft and execute your own agreement and ensure that all your concerns are taken care of correctly the first time? You may not have a lot of funds, but at a minimum I suggest that you look into having an attorney review your draft.

This agreement will be one that will last you the entire lives of your children, and if done properly will save you conflict long term and more costs in court. We are glad to help guide you through the basics on our website, but I strongly recommend that you have someone (even us if you are close by) review your draft. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

I am planning on filling out the forms myself for our seperation. First off, where can I find all of the forms that I need, can I get them online?

Secondly, What all points should I think about besides the basic division of property, child custody, and child support. The entire time that we have been together he has worked and I have stayed home with the children. He recently got insurance coverage (although cards haven’t came in yet)…medical on him and I, and dental on all 6 of us (only 1 of the kids is his), should I ask for that coverage to be continued on myself or just let it be?

Also, is there a way to leave the issue of child support off of the seperation agreement, but to pursue it through the local child support enforcement offices? On my 3 children from a previous marriage I am recieving child support through the local enforcement office. I know for fact that my current husband will never agree to a seperation aggrement that says he has to pay child support…so how can I manage to go after it and still get my seperation signed?

Also, I recently learned that my husband has an outstanding warrant in another state, would this perhaps be of any help to me if things get sticky in the seperation? Perhaps if he wants to fight me on child custody issues? I plan on asking for full custody and he can visit the child if he likes (this is an agreement that’s worked for my previous marriage and children). I don’t forsee this being a problem with him, but ya never know.

And lastly, is there free legal advice/help for seperation agreements if it should come to that being needed in this case?? I am going back to work so that I will be able to support my children without my husband, but will still be recieving some dss help for awhile. Does the legal services provided through them cover these kinds of issues?

Thank you.