Signing sep. papers and not filling immediately


#1

Separations agreements are binding. They are agreements between 2 people. If one or the other fails to uphold his side of the agreement the other can take him or her to court for breach of contract. If you win then the spouse would have to pay attorney fees more than likely.

Separations agreements are not “filed”. File with who? If you took it to the court clerk and said you want to file this. They would just look at you. You have a copy and your spouse has a copy. There is no filing. They are binding the moment they are notarized. If the agreement states that he is to provide health care it doesn’t matter if the employer drops you from the group plan. He agreed to provide your health care. He has to pony up and provide you health care. Where it comes from is not your concern. Right? Unless the agreement said he would provide group health care through his employer. Then you are in a grey area. Those are the reasons you have attorney’s look over those things.


#2

k thanks for the info.
the clerk of court in my county said to file them there… ?
maybe thats just the divorce papers?
i dont know


#3

Yes more than likely they thought you meant divorce papers. Those are filed with the county of your residence.


#4

Separation papers are not filed in North Carolina. They can be recorded with the register of deeds, but does not mean your legal status has changed to “legally separated.”

In some states you can have five different legal statuses: single, married, widowed, divorced or legally separated, any change in this status can affect benefits such as health insurance. In North Carolina there is no legal status of “legally separated” therefore health insurance generally does not terminate until you are divorced.

A separation agreement is legally binding once it is signed and notarized.

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Attorney with Rosen Law Firm

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#5

if we draw up our own papers, consult an attn. (since we are in agreement there is no need to pay all the attn. fees) sign them, and have them notarized… are they binding??
or do we HAVE to file them immediately? to be binding?
his employer pays 100% of his family ins. … I asked him to keep me on his policy for 1 year… he said he would
the employer says once the sep. papers are filed they will drop me so
without getting into an arguement with the place he works…we both agreed…IF this is binding, we would do everything except actually file the separation in court
so … in summary
will they be binding if not filed?
would they be MORE binding if filed?