First off, Anna…thank you for your unwavering attentiveness in responding with detail to countless inquiries. I have spent hours coming through this forum to piece together answers for my situation, and I have a pretty good idea of what the right answers are.
My questions are:
My separated wife and I went together to the Harnett County Court House to pick up the UD paperwork. The reason being we are trying to make the divorce as amicable and straightforward as possible without bankrupting each other.
There is a lot to the UD paperwork, and I want to ensure I fill it out correctly on my own but being ignorant to law, I am worried I will put a name in the wrong spot, or fill something out that was intended for something that doesn’t apply to me. Other than the instructions with the paperwork, is there a simple guide I follow along? Simple meaning, her and I do not have kids, what was hers during the marriage is hers and mine during the marriage is mine? If there is no simple guide, what’s the simplest consult I can get to ensure I fill this UD paperwork correctly?
The second question, she currently lives in our marital house. I pay the mortgage and will continue to pay the mortgage and have no problem with that since I want to keep the house. We agreed on her remaining in the house after the divorce, and she will become a renter while I live elsewhere. The question is since her name is on the mortgage, is there anything I can do to get her name off the mortgage without refinancing? The rate I got that mortgage for is way better than what is available now.
The last question, do I submit the separation agreement with the UD paperwork, or do I bring the separation agreement with me to court on the day of divorce?
For the absolute divorce paperwork, take a look at our free Do It Yourself Guide which explains the step-by-step process to obtaining an absolute divorce and includes the necessary forms and instructions for the forms.
Given that you own a home together and there is a joint mortgage, you need to resolve equitable distribution before the absolute divorce is granted or at least have a claim pending for equitable distribution at the time the absolute divorce judgment is entered. You can resolve equitable distribution by a separation agreement or in court with a court order by filing a claim for equitable distribution. If you do not at least have a claim pending for equitable distribution at the time the absolute divorce judgment is entered, then the courts lose all jurisdiction to divide the marital property and this can become a major problem in the event there is a disagreement between Husband and Wife.
The only way to remove a spouse from the mortgage is for the spouse that is keeping the mortgage to refinance it.
When you file your complaint for absolute divorce, you do not need to submit or file a separation agreement at any time. A separation agreement stays completely outside of court unless it is being incorporated into the divorce judgment.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.