Recently separated and wondering how important it is for one to file separation papers. Spouse left me to live in house while we finish renov. He is paying all the bills now and gives me 100 dollars every two weeks. I am a homemaker so he is my only means of income. I had mentioned to him that I might want to do this and he said what was the point. I guess what I am asking is how important is it and do I need it. If I file would that insure me to get more and does he have to give it to me. A friend told me they did not sign their papers and just waited until the divorce to pay. If I don’t get the papers would it hurt my case. I really do not have the funds to do this but if it will make my case go in my favor then I would do it.
Separation papers are not filed as there is no legal separation in NC. If you are unsatisfied with the support you are receiving you may file a lawsuit for Post-separation support, Alimony, Attorney’s fees and Equitable Distribution of property.
Another option would be to negotiate the terms of your property division and future support with your ex and include those items in a Separation Agreement, which is a contract between spouses and is valid and binding once signed by both parties before a notary public.
If you file for divorce at the conclusion of your year of separation, and do not have a separation agreement you MUST file suit for the claims mentioned above or you will lose your rights to do so.
Okay if I file for post-separation what is the fee for such? Must we both agree to the terms or is this just a way for me to continue to get some support while we wait this out for the final divorce. If I wait the duration stated below who must file. Do I have to file for the divorce or do I wait on him since he is the one wanting it?
I am assuming you are asking what an attorney’s fee would be to represent you on a PSS claim? I cannot say for sure as it would depend on the level of contention, the complexity of determining income, and other factors. If you both agree on the terms, the case would not be heard by the court, and much less time would be put in on the part of an attorney.
Either party can file for divorce after living separate and apart from their spouse for 365 days.