Separation Voidable?


#1

Dear maverick:

Well hey stranger!!! I am glad to hear that there may still be a spark left for you and your spouse!

Enough exclamation points - let’s answer your question. Generally a separation agreement is not voidable or voided, but whether or not it can be rescinded depends on the language of the separation agreement itself. Even living together after the execution of a separation agreement does not make it disappear or have no affect. Living together just makes us ask how reconciliation affects the agreement.

It is possible that you need a new document, but the best plan is for you to go and talk to an attorney. Since the relationship is still tenuous, you may want to keep the protection of the agreement in place - just in case. Get it reviewed so you understand each and every provision in the agreement. Good luck![8D]

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Janet,
Your response to his question has me a bit confused. If cohabitation doesn’t void the separation agreement are you suggesting they could still proceed with the divorce if they called the reconciliation off? In other words, does the one year separation period have to start all over again?
By the way, I can not find any attorney familiar with the idea of a motin to intervene in a divorce hearing where the parties intend to lie about having lived separate and apart for one year when they go before the judge.
Thanks for your time and effort to this valuable forum!


#3
quote:
Originally posted by JanetFritts
It is possible that you need a new document, but the best plan is for you to go and talk to an attorney. Since the relationship is still tenuous, you may want to keep the protection of the agreement in place - just in case. Get it reviewed so you understand each and every provision in the agreement.

She may want to? She passed her Med Board Exam and makes 3 times what I make. We’ll see what happens I guess. Nothing definite yet on resuming anything. I’ll stand by the original agreement whether or not we resume the marriage. I don’t need or want anything that is rightfully hers, even though I was intitled since I helped and was married to her prior to, during and after Med School. I could probably have taken her to the cleaners to start with but I have no desire to take from her.


#4

Dear nextex:

Greetings. Yes, they can proceed with the divorce if the cohabitation was called off…but the end of the cohabitation is the new date of separation. Cohabitation has different effects on a separation agreement and a divorce.

I think that you should be able to hire an attorney that deals only with family law in your county.

Dear maverick:

I am glad to hear that she passed her med board exam, but I also think that you both need to make a decision - a move forward out of the marriage or back into the marriage. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#5

Long time no hear from me huh Janet?

Not sure you remember me but anyway, I recd my Separation Agreement in 09-04. We’ve been communicating since and working on the marriage but we still live apart. At what point is the agreement voided? Is it from the moment we begin residing together? We may soon begin to cohabitate on a full time basis in the marital home. I have been in and out, mostly on weekends since 10-04, which is the working on the marriage part. It looks like we may have resolved our issues and want to be together. So, I guess I’m asking do I have to get another legal document drawn up to void the first one?