Separation


#1

Dear here we go again:

I don’t know what your question is. You do not “file” for separation generally, you just separate in North Carolina and start living in separate homes. So, if you want to start your legal separation, yes you will need to leave the marital residence.

Now, I advise that you not leave the marital residence until you have a signed separation agreement, which you can have an attorney draft for you. 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.


#2

Thank you for the information. What I meant by file is go to the court house and start paperwork.

Another question is he refuses to sign the separation agreement, what happens then?


#3

Dear here we go again:

Greetings again. If he does not sign the separation agreement, then you must file a lawsuit with your county courthouse to deal with the issues of child custody, child support, alimony, and/or equitable distribution. The majority of people do sign the separation agreement though after the attorneys get involved and help people understand the law and the cost benefit analysis to signing the separation agreement. Good 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

Thank you Janet.

I’m sure you’ll be hearing from me soon!![8D]


#5

Dear here we go again:

As always, let us know if we can help!

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.


#6

Hi Janet:

Okay, first let me thank you for taking the time to read all the posts in this forum.

You can only imagine what a comfort is it to those posting to get some general information, this can cause a hugh emotional toll on all of us.

My next question to you is, what happens if my soon to be ex (I need to think positive!) becomes un-employed after a couple of months. He has a great job now making excellent money, but is working on a month to month basis? Should the assignment end, how will alimony and child support distributed?

Will they take whatever assets we are in the bank and calculate payment from there? Also, if I need money to move out, can I take it from the bank account which is currently joint, and if so will this be subtracted from any support being paid or upon finality of the divorce???

Once again…THANK YOU!!!


#7

Dear here we go again:

You, and everyone else, are welcome for reading the posts. I truly enjoy helping everyone here!

Now, if your soon-to-be-ex becomes unemployed, it should not immediately change the child support. Your spouse should still pay the same amount, unless they file a Motion to Modify Child Support or if child support is paid pursuant to an agreement, then if they file a claim for child support. It is likely that it won’t change unless he is unemployed for a substantial length of time.

If you have an agreement on alimony through a separation agreement, it will depend on what the agreement says concerning the alimony.

Now, it sounds to me like you still don’t understand the differences between equitable distribution and alimony. Please look over the law again, since the funds in your joint accounts will be divided pursuant to the laws of equitable distribution and not alimony.

Yes, you can take funds from the joint bank account and no they are not generally subtracted from the final division.

Finally, please seek the advice of an attorney soon. It sounds to me like you need clear advice on your situation which is specific to you and that an understanding on the law will also help you to make decisions and feel more secure. 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.


#8

Thank you once again Janet!!

I have secured a lawyer and we will soon draw up the separation agreement.

I’m more concerned for my child’s well-being than myself. I know I’ll hit highs and lows in the first couple of months, but want what is best for him.

This is just all so overwhelming when you don’t know the laws. The laws here are just so much different from NY, luckily I’m still young and grateful to have an outlet to air my concerns and emotions during this trying time in my life. I guess the key is to keep on track and stay head/heart strong!!!

I’m looking forward to living my life peacefully and with my boys life will be complete.

Thank you once again!!


#9

Dear here we go again:

Great! I am glad to hear that you have retained legal counsel. I sincerely hope that you and your son have a lot of time together in the days to come. Good 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.


#10

You don’t file for seperation? I was of the impression that you filed for seperation then when one year was up you then filed for divorce.


#11

never mind, helps to read all the responses.


#12

Dear snowgodd:

I am laughing now. No “filing” for separation, unless there is a lot of marital fault and we are filing with the court for Divorce from Bed and Board (which is a request to remove one of the parties from the marital residence). 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.


#13

Question:

If separation is filed, do I need to move out of the premises in which we both live in?
[?]
There is one child involved, husband is being cooperative about separation, but says will fight to save marriage.

darlyne Rosado