Separation Agreement - Help


#1

Dear justdonald:

Greetings. I agree that you should not list adultery as a cause for the divorce in any document. Remember that adultery is a crime in North Carolina. Also, adultery is not a ground for divorce in North Carolina.

No, the general language will not be sufficient to protect any boyfriend or girlfriend against AOA and CC claims. You need specific language waiving those claims (we call it a Claims Against Third Parties Waiver). Best of luck…and PLEASE have an attorney assist you in drafting of the agreement or at the LEAST a review of the same before you sign.

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

My spouse is demanding that adultry be listed as the cause for the divorce. I am fearful of prosecution by the district attorney because of this.

Also, it is written in the agreeemment that my spouse can’t seek damages or claims from me or any parties involved. Does that protect all parties from AOA or CC pursuits in the future?