Seperation agreement


#1

if there was a separation agreement signed and it is now one year later and you are getting ready to file for divorce but the other spouse wants to change the agreements concerning visitation of the children, what has to be done. i want to leave everything the way it was signed a year ago. i will have the separation agreement put in the divorce. can he have it changed or does it stand the way it is now?


#2

It will stay the way it is now, unless you both agree via a new agreement to a different visitation schedule. You’d both have to sign and notarize the new agreement. If you don’t want to change it, then it will not be changed. The original agreement is still binding.


#3

What exactly should be in the legal separation filing?

My husband’s and my corporation is currently set up like this:
Husband - President = 100% ownership (has 100 shares issued)
Wife - Corporate Secretary = 0% ownership (0 shares issued)

We need to change it to:
Husband - 49% ownership
Wife - 51% ownership (or wife needs to have the power of decision-making for the corporation without husband - to sell it or not)

Does the existing husband share need to be changed? If so, to what?
How many shares need to be issued to the wife? (for a 51% ownership)

I know I need to add all changes and additions into my corporate minutes.


#4

There is nothing to be filed in NC to make your separation legal. The only thing that must happen is that the parties physically separate, living separate and apart for one year with the intention of remaining separate. Creating a separation agreement is always a good idea if the parties can agree, because this will hopefuly resolve all marital issues before the divorce is finalized. However, you don’t have to have one to become separated or divorced.

As for your business questions, that is simply something that goes beyond the scope of this forum. I would likely need to review the partnership or operating agreement to be able to specifically advise you on that. When there is a business at stake in a divorce, it is always recommended to consult with an attorney to ensure your rights are protected. Good luck to you.