Separation Agreement Question


#1

New here to the forum. We are separating, she is leaving the home. She does not think a separation agreement is needed. There is property and child custody involved. I simply want to formalize what we have talked about, but she seems to be unwilling to sign anything - even though we have the funds to have an attorney (hers at her choosing - she does not have one yet) review.

What can the spouse who is being left do at this point?


#2

You may file suit for Equitable Distribution, Child Custody and Support. Filing a claim will likely encourage your spouse to memorialize your agreement, and if not, will allow for the court to decide the issues by Order.


#3

My ex girlfriend and I are no longer together. We have a 4 year old son. He currently lives with her. She is threatening to move to California. I wanted to know what i can do legally to prevent that and also set in stone legal days that we both get him. I currently pay her child support not through the court system, just an amount we decided on. I just wanted to know where to start to get the ball rolling on a child custody agreement and child support. Thanks for all the help.


#4

You need to file an action for child custody and child support.


#5

My soon to be ex (stbx) lives in Black Mt. NC. She has abandoned our home in Candler and is now living with boyfriend. We are still married as is he. She kicked me out without money, job or home. I have since moved to Tampa, Fl. to find work. (which I did)
Question 1- how can I force her to sell the house as we agreed? I think that she is dragging her feet in case it does not work out for her with the new guy.
Question 2- I can file here in Florida next month. Can I use anything like the martial misconduct when filing from here? Considering she kicked me out without job, home or money, and she is living with him now.
Question 3 - Does it matter at all that she is still married to me, he is still married to his wife (separated) and they are living together now?
Question 4- Does a separation agreement work because I am here and she is there?

Thank you for your time
John


#6

You must file an action for Equitable Distribution and may include a claim for Interim Distribution seeking that the court issue and order that the home be sold, or in the alternative, that your ex be required to buy you our of the home for your share of the equity.
The action lies in NC, where your wife is, and where the property is located.
Your wife’s living situation is not actionable on your part, however if she and her paramour began seeing one another before you were separated, you may have an action for alienation of affection. There are several posts about such a claim in the forum which you can locate by using the search function.
A separation agreement which divides your property would absolutely be effective to divide your property if you and your spouse can agree to a division.