Seperation Agreement


#1

Dear mikeb:

Greetings. Call the joint credit card company and get your account information. Most attorneys take credit cards and they can help you to place your fee on the credit card. You do not need the actual credit card to make the charge, but you do need to call them first to ensure that you are still on the account.

First, I would not agree to sell the house if you have no income and no where else to go right now. If you leave the house, and move into another residence (even a treatment facility), and your wife moves back in and tells you that you cannot come home, you cannot. If you do go back into the house after being warned not to, it is domestic criminal trespass (which is a crime in NC).

You can get counselors who deal with addiction therapy who will come to your home or make time for you on a daily or bi-weekly basis.

Once you have a separation agreement, your rights are dictated solely by the language of the separation agreement. You are correct though, you too need an attorney.

Finally, keep your head up. Dealing with an addiction is not easy, and then feeling like your family has left also, but you know that you are stronger than your addiction and your depression. Make some time to do a job search, volunteer, and see your child. Schedule out your whole day and follow it to the letter. Remember that you have a child to parent, and that is a huge gift!

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

Due to my addiction my wife and I took our joint savings and checking accounts and put them in her name only, as a way to decrease access to money, therefore decreasing my chances of a relapse.
My wife retained a lawyer about two weeks ago. When I asked for money so I too may retain a lawyer. My wife’s stated that her attorney suggested, since we have to sell our home as part of our equitable distribution .I would use these funds to obtain a lawyer. We have very little money left in our savings and checking accounts. I am unemployed at this time and I am not contributing financially. We have a joint credit card accoun.t My wife physically has the credit card and won’t let me use it. Can she refuse to let me use the credit card?
Another question is pertaining to a separation agreement. When my wife asked for a separation, I got very depressed, to the point of thinking about suicide. My wife and child left our home 9/3/04. Since this time the depression has decreased. I have asked my wife and child to come back to our home for a week or two at the most. The are staying with her friends and coworkers a week at a time. I asked for a week or two as a “transition period.” so we can discuss who lives where, do we have to sell the house?, and other seperation/divorce issues. She refuses to live in the house while I am living there. We have no written or signed separation agreement. I would like to try and live at a rehab center. I heard the therapy style at times can be confrontational. I would like to keep my moptions open. What happens if the program doesn