Separation Papers - Lawyer needed?


#1

Dear ODYSSEY:

Greetings. Some things you cannot agree to in a Separation Agreement - such as obtaining a divorce or making someone change their name. You cannot agree to these things in an agreement because that would be against “public policy.” In other words, we as a culture do not promote divorce and you cannot mandate that someone must file for the same. Also, you cannot force your wife to change her name - not even by agreement.

Her engagement ring is separate property since you gave it to her before the marriage and she did fulfill the contract to marry you.

Before you sign it, pay the initial consultation fee for an attorney in your area to read over the agreement and ensure that you are signing what you think you are. If the agreement does not contain the proper waivers, you may be getting much less than you bargain for.

I got lost a couple of times in what your actual questions were, so if I did not answer any specific question, please let me know. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

I talked to her tonight and explained the two problems with the separation agreement. She told me the $1,000 for the rings was her lawyer’s idea. She agreed that I owe her no money. She is going to have her lawyer change that provision.

My STBX wife knows she will be the one filing for absolute divorce. She knows at this point the ball is in her court. Once she files for divorce she is out of my life forever and can not come back. Sadly she is in la la land and thinks this is just a game.

I thought you could force a spouse to change their last name back. My sister’s EX refused to sign the divorce papers until she changed her name, but then again he filed in New Mexico. She claims she will change her name, but promises are not legally enforcable.

In any event I will have a lawyer read over the agreement before signing. Might just contact you. :slight_smile:


#3

Dear ODYSSEY:

Greetings. Sorry, in North Carolina you cannot force someone to change their name (I have no idea what is going on with domestic law in New Mexico). If you need us to review the agreement, give me a call. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

My wife’s lawyer finally sent me the separation papers (he claimed to sent them to me at home 3 weeks ago, he finally sent them to my place of work) he drafted for her. I only disagree with one provision and would like to add a provision.

The provision I want added is that my wife must change her name (very important in my mind). The provision I want changed is over $1,000 (Can explain my reasoning further see below). How much would I be looking at to have a lawyer counter-offer? After the separation agreement is agreed and sign it would be her responsibility to file for an absolute divorce. If it would be over $1,000 I am tempted just to sign, but then again I could pay I laywer and nobody would get it.

ODYSSEY


Provision states that each parties waives unto the other all right title and interest in the retirement, stock holding, 401K, savings accounts and other assets of the other, as same may presently or hereafter exist. The parties have equally divided the joint checking account. The Husband shally pay to the Wife, by bank or certified check, the sum of $1,000 from the parties savings account at “bank name”

A) The parties never had a joint savings account. Only two parties, my mother and myself, where ever listed on the savings account.
B) The Wife had $3,000+ debt paid off (Second time in our three year marriage) out of joint monies about one month before separation. (She was debt free when she left me and I’ve have been told she is working her way back in the same hole again)
C) I have records showing her wasteful spending for the past two years (about $10,000)
D) Not stated above (but in the same provision) is she will not return her engagment and wedding rings, without the monies being paid. They are not worth $1,000, but I want them for sentimental value.
E) Did not the provision state she had no claim to any monies, why does it name the account the monies should come from. What happens if the monies do not exist presently.