Separation Agreement


#1

The agreement can be sent to you or the attorney if you have one. This way is actually better because you will have this to take to your attorney for counter offer, or for the attorney to make sure the agreement is fair and legal before you sign.


#2

Until you have retained an attorney, and that attorney lets the other know that they have been retained, the paperwork can be sent to the opposing litigant.

It’s only once the attorney has entered their appearance (or notified the other attorney of their retention) that the other attorney cannot directly contact you, with a few exceptions.


#3

If you have not yet retained an attorney then it is proper for his attorney to send it directly to you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#4

My soon to be ex saw his lawyer on Wednesday and had the Separation Agreement drawn up.

My soon to be ex told me that someone is going to come and serve me with the Agreement at the house.

I have not even seen a lawyer yet (have an appointment on Tuesday).

Shouldn’t it go to my lawyer and not to me? Is that legal?