Seperation agreement


#1

Dear sgibbs1701:

Greetings. First, I would not agree to joint custody if you feel uncomfortable with your daughter living with your wife and her new boyfriend. Clearly, you cannot agree for your child to live every other week away from you if your wife lives 3-4 hours a week. What will happen with school.

Your wife is not entitled to alimony since she has committed adultery.

Your wife is entitled to half of the income tax refund if you filed jointly. You may be able to agree with her to prorate the amount in your separation agreement.

I do not see any other actual questions, so please let me know what other issues you need addressed. Thank you.

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

Thank you for the response. I’m meeting with an attorney tomorrow so I will get some things cleared up, but my main concern is custody of my daughter (15 months old). I’ve pretty much done everything for her (i.e. taking her to day care, picking her up from day care, providing for her financially). My wife hasn’t held a job for longer than 6 months for the entire length of our marriage. When she moved out, she had no job. She still doesn’t have one as far as I know. I always get up with her during the night if she ever woke up, I get up with her in the mornings on the weekends to feed her, no matter what time she got up, while my wife slept till 11 or 12. I just want to know, based on this and the fact that my wife is now living with a new guy, with whom she cheated on me with, what are my chances of being able to get sole custody of my daughter? Is there something that I absolutely have to prove that would overshadow everything I have said? This is very important to me and I want to make sure that my daughter is well taken care of. Thank you.


#3

Dear sgibbs1701:

Greetings. What is the current custodial schedule? What did you learn from the attorney?

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.


#4

Right now, there really is no schedule. We had talked about doing a 1 week on/1 week off type thing where we would alternate weeks of keeping our daughter. However, the lawyer that I spoke with yesterday said that, if it were to go to court, that my case would be stronger to get sole physical custody, but that I would be willing to go with joint legal custody, because I do feel that my wife needs to have some decision making ability. However, I probably made my first mistake last night because my wife called me, and our discussion ended up turning to the issue of custody and I told her about my discussion with the lawyer and tried to reason with her that the solution of me having sole physical custody would be best for our daughter, because everything she knows is where I live. Besides that, my wife’s affair and the fact that she’s living with a guy that I don’t know and that my daughter doesn’t know just causes an unstable situation for my daughter. That and the fact that my wife still doesn’t have a job, so she has no way to support her. Of course, she would have none of it, and she feels she didn’t abandon our daughter and it almost seems as if she doesn’t feel like she doing anything wrong. She basically threatened to come here and take my daughter. I want to know am I in my rights to deny my wife access to our daughter? I realize that, as far as the day care is concerned, that I need a court order to stop her from taking my daughter from there, but do I actually have to meet her anywhere or give her my daughter if she were to come here and try to get her?


#5

Dear sgibbs1701:

Greetings. Yes, you are correct that you probably made a large mistake. No, without a court order you should not keep your child from your spouse unless your attorney advises it for some reason. It will be tough, but I advise that you call back your spouse and tell her that you are rethinking your position. Go and have a meeting with your attorney then. Ask your attorney if agreeing to joint custody now and going forward for full custody later would not be better for you. Thank you.

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.


#6

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My wife and I just seperated (she left today and took stuff with her). We had made several agreements, but not in writing, prior to her leaving. I have yet to meet with an attorney to find out what to do as far as drawing up the papers to file this separation. She has committed adultery, and openly admitted so to me. The first instance was around 3 months ago. As far as custody goes, we verbally agreed to joint custody, with our daughter staying with me a week, and then her the next (Sun-Sun). However, our daughter has lived here for the last 10-11 months and this house is familiar. My wife is moving in with the guy she was cheating on me with in a town that is 3 or 4 hours from here. I’ve provided all financial support for the household, as she has been unable to hold a job for more than 6 months at once over the last 2 and a half years (the length of our marriage). I’m wondering that if I wanted to fight for sole custody that any of this could be used to help me. Truthfully, my daughter goes to day care during the day, as I work. Yet, I’ve always been the one to take her there and pick her up, even though my wife had been at home not working for the last several weeks. Also, we made an agreement with reference to child support. She told me that I would not have to pay her child support because I agreed to give her half of our tax refund money, of which she took more than half. She made approximately 1/6 of the total income for 2004. Should she have been entitle to that money? We’ve already agreed on property, since she has taken what she wanted. So there will be no argument on that. My main concern is custody, child support, and the adultery. Thank you.