Separation Agreement & signature


#1
quote:
[i]Originally posted by tatter[/i] [br]My stbx has an attorney who wants to present me with an unsigned Separation Agreement. I do not feel I can or want to present to an attorny an unsigned agreement. I know the agreement will have be negioted back and forth several times.

Hi Tatter-
I can only tell you from my own personal experience that you MUST MUST MUST not sign anything no matter what and no matter how much you have to negotiate–DO IT endlessly until you get what you want and then make it legal. Unfortunately I signed our separation agreement and admittedly, though not trying to use this as a cop out, I was under a huge amount of stress, pressure and didnt have the funds to secure my own attorney at the time I was served. I was a stay at home mom for over 14 yrs and while it didnt turn me “dumb” I wasnt very smart when it came to the legalities of all this crap mess I am in now. It was nearly 6 months after I signed, that I sought legal councel through a family law attorney and was basically told that I never should have signed the agreement as its now a binding contract with no chance to have it ammended in any way. The only thing I can do now is not sign the divorce papers when they are served and try to negotiate with my stbx over things I should have done prior to signing. I dont care how long and tiring it may be for you to have to go through the bull just make sure you get what you want and then make it legal. Trust me…I am living in pure hell right now because of my anxious need to just get the years of bs over with.


#2

Dear tatter:

Greetings. I am not sure what your exact questions are. So, as far as the question I could find - visitation and support are two separate issues. Agree to whatever visitation schedule is appropriate for your child. Child support is a guideline number unless someone is unemployed (or working below their ability on purpose to avoid child support) and then we impute them income - meaning we create an income number for them in the calculator. So, he should pay child support regardless. 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

301 McCullough Drive Suite 510
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.


#3

My stbx has an attorney who wants to present me with an unsigned Separation Agreement. I do not feel I can or want to present to an attorny an unsigned agreement. I know the agreement will have be negioted back and forth several times. I think his attorny is trying to play 2 games at once. He wants to see my hand and what I have on my stbx. I do have something but will not use it if the terms are ok. In addition, my stbx ran up considerable credit card bills during marriage and has agreeded to not hold me responsible, but it looks like only if I give him everything he wants. There is also a child involved and he is not working and does not want to support, but wants full visits… per NC law. Child is 4. Any thoughts on this please. I really need help.