What actions void a Separation Agreement?

North Carolina Divorce Law Divorce and Separation Answers
1

The only way your agreement can be rescinded is in writing. It must be signed an notarized. You should check with your attorney to see if there are any provisions that speak to reconciliation in your current agreement, and what happens to your property upon actual reconciliation.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.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

My husband and I have a legal Separation Agreement. He initiated it and I signed it after seeking an Attorneys advice. We have since decided to reconcile. However, he is living “out of state” which puts me in a precarious position of the one year waiting period continuing. We presently have our house on the market and I’m living in it.

I would like to know if its possible for an Agreement be voided, or dropped legally. I do not like the idea of having this legal document hanging over my head. The reconcilliation is verbal but the Separation Agreement is of course legal and binding in my eyes.

If he made a phone call to his Attorney with this request could something be put in writing for me to have as proof of his intentions ?

I don’t know if this type of request is how to handle this or not, but I would feel better knowing I have something other than a verbal commitment.