Separation on your own


#1

My spouse is insistent upon separating without an attorney. He really doesn’t want to divorce and refuses to spend the money. I am willing to do it anyway I can to get it started. You are not in my county. Can I do it this way and still get things like alimony, fair property distribution and custody when the time comes to truly file for divorce? I would not divorce without an attorney. What needs to be settled in a separation ( amicable and unfriendly?) Thank you.


#2

You can negotiate and settle the marital issues without an attorney and without going to court in a separation agreement.

Included in the separation agreement needs to be equitable distribution (dividing and distributing each marital asset and marital debt), alimony, and child custody and child support if applicable.

Check out our Sample Separation Agreement that you can use as a guide when drafting your own.


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.


#3

Thank you. Do you have an online separation agreement that can be downloaded and is legal to use in NC? If not, where would you get one; I am thinking your local courthouse? I also see that you have online attorneys. If you need, can you use one to help/review your separation agreement only?


#4

This is our Sample Separation Agreement which you can download and has helpful tips and comments throughout the agreement. You can use this as a guide to draft your own for anywhere in NC. The courthouse will not have separation agreement templates.

Check out our Rosen Online Service. You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month and could be a great resource to help you navigate through the separation process without spending thousands of dollars retaining an attorney.


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.