My husband and I separated on August 1, 2017. I created ours separation agreement and we both agreed to it but is has never been signed or notarized. Can we do that now? I do not foresee a problem with my husband agreeing to getting it notarized. He is fulfilling the requirements.
I plan to start the process of finalizing the divorce in August of this year. Because we have already discussed all of the important issues like asset separation, separation of debt, house ownership, 401k/403b ownership in the Separation Agreement, do I need to include this in divorce decree? Should I roll our separation agreement as a part of our divorce?
I also gave him a huge break on child support so that he could get on his feet (I have had the kids 100% of the time and he has paid me $1400/mo. and not the $2100/mo. that the calculator requires). I see this as the only issue that I will need help negotiating. He now has them every other weekend but his costs will still increase from what he is currently paying. I will need to have access to paystubs, etc. to assess his income.
I also pay health insurance premiums for the kids in addition to all other medical expenses incurred. I know that he should pay for his % of other medical expenses (54%-me, 46%-spouse), which I will request also in the divorce decree. I believe our divorce will be amicable, but I do believe the child support issue may be a problem. Should I go through a mediator just for this one issue or see if I should try myself and mediate if there is a problem?
You and your husband can sign and notarize the separation agreement now.
When you file for absolute divorce, you do not need to include equitable distribution (property division) since those issues have been resolved in the separation agreement (this is assuming that both of you have signed and had notarized the separation agreement prior to filing a court complaint). You can incorporate the separation agreement into absolute divorce judgment but most people prefer not to so that the details of the financial settlement, custody, etc. can be kept private without being part of the public court file.
If child support is not addressed in the separation agreement or if you are seeking to change the terms and your husband won’t agree, then it would be best to leave child support out of the separation agreement and include a child support claim in the absolute divorce complaint. You can still work through the issues and try to resolve them with a family financial mediator out of court, but you would have the court case already filed if mediation reached an impasse, and you would only have to pay for one filing fee at the clerk’s office.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.