In the separation agreement presented to me to review and sign, The following was included.
WAIVER OF GRIEVANECES:
Any conduct on the part of either party occuring prior to the execution of this agreement which may have constituted a basis for any legal claim by either party against the other, is hereby waived and released and will not be used by either party against the other in any future proceeding between them.
What exactly am I releasing her from? Infidility, business negotiations, banking accounts ?
Would I be giving up my rights to alimony since our agreement to this point does not include alimony?
Our agreement this far is for distribution of assets and debts. We have agreed to that much, but I intend or hope to be able to ask for alimony before the final divorce is awarded.
Can alimony be awarded after a separation agreement is signed, and can I ask for full discloser of accounts, to verify her income after the separation period?
I will not be able to keep the life style we had together after this current agreement is signed. I would only be able to pay my bills with nothing left over for entertainment or (going on a date) and being able to pay for it.
Thank you for your help
The language is primarily effective as a waiver of a third party claim against your ex’s paramour for alienation of affection and/or criminal conversation.
If the Separation Agreement does not award you alimony, the language in the waiver could prevent you from alleging adultery to bolter an alimony claim. FYI- I advise against signing any agreement that does not provide you with spousal support if you are the dependant spouse.
If the agreement constitutes a final division of property you cannot go back later and seek disclosures.
Based on the facts you list I strongly recommend you consult with an attorney before you sign anything! It appears your ex is trying to back you into a corner.
Hello again,
We are still not legally separated, even though she moved out the end of Jan. I have had to join a divorce support group for my emotional condition and the thoughts that have entered my mind. Glad to say that the support group has really helped me.
I just this past week heard from friends that she has been seeing someone for “quite some time now” and they gave me his name. Tonight (Friday the 9th) I drove past a resturant and saw her car. I took my digital camera and went inside to see who she might be with and it was the same person I was told she had been seeing for a while. I simply took a picture of them and left. Of course they saw me and was very surprised. I didn’t create a scene or really say anything to them.
My question is, since we are still legally married and she has been seen with this person several times and for “quite a while” and I now have a photo of them together, can I now push for alimony with a greater chance of winning based on adultery? I do not intend to settle now with the new eveidence that I have.
What action can I take against him for Alienation of Affection. How much can I get from him in that civil law suit against him?
Do I have to have more proof other than one person telling me who she was seeing and then having a photo of them in a resturant? Can I ask for a jury trial in the alimony suit and get my award of division of property and alimony. What do I do if the friend doesn’t want to appear in court to testify on my behalf?
Thanks for your help
There is no legal separation status in NC. If you and your spouse are living separate and apart, with at least one of you having the intention to remain separated, the time clock for the year period of physical separation starts.
As for her alleged infidelity, you will have to prove that she has the inclination to, and the opportunity to, have sexual relations with this other person. Having a photo of the two of them at dinner does not on its own prove infidelity.
As for alienation of affection, any potential award depends on the jury.
You may request a jury trial on the issue of marital fault only, however the amount of alimony would be decided by a judge.
So the photo of them together only verifies that she has indeed been seeing this person I was told about. Since I told her in an email that I knew who he was and that it had been going on for “quite sometime”, she has pushed harder to get the separation agreement completed. The next day is when I got the photo of them together. I did retain an attorney and have provided him with all this evidence. My next appointment with him will cover all of this. I just need some answers now to better prepare myself.
Since there is no legal separation in NC, are we still legally married and my evidence against her is truley adultrey? Without a signed seaparation agreement, how can she go around with this man as much as she has been, and it not point towards the inclination and opportunity to have an affair with him. I have now connected the dots of about when and where this started with them, I just don’t have photos or other proof that they were in bed together. How can I present circumstantial evidence to a jury and convince them that this is in fact what she is doing?
Would I be better off to just finalize a separation agreement, take whatever I can get, and just be done with? You said that it sounded like I am being backed into a corner and not to sign anything that doesn’t have alimony in it since I am the dependant spouse. I just want what I feel like is the proper treatment I should be getting and then not giving it all away in attorney fees.
There just seems to be too much grey area when the laws of NCGS divorce read one way and then the attorneys say something different. Or even yes or no about this and that, BUT BUT BUT. I know I am the victim here and I don’t really feel like I have a leg to stand on.
Thank you for your time
One other question,
Can I use the photo I have of them togehter, to create an ad asking for anyone who may have been a witness to their relationship, to come forward and testify on my behalf? Would this be illegel for me to do anything like this. I thought about running an ad in the newspaper and posters around town.
You may use the photo as evidence of a relationship, and seek out folks who may be willing to testify on your behalf, but a word of caution, she may try and sue you for libel in posting an add accusing her of having a relationship, if in fact the accusation turns out to be false.
Allow me to go in a different direction now,
If I do not sign any kind of settlement, and just walk away from everything except for the debts in my own name, Will she be able to take any action against me for repayment of joint accounts.
In other words, She has backed me into this position refusing to pay anything on debt/bills in my name only. I wanted to keep the real property, but I would still be on a very tight budget. Too tight infact. Since most accounts are joint accounts, and she doesn’t want me to really have anything, Why then should I not just let her have it all and force her to make all payments to keep her credit good. There is almost nothing with any equity in it.
I hope I said that correctly.
Thank you
Yes, she can sue for Equitable Distribution at the time of the filing for divorce or anytime before that.
I suggest you take action and be the one to file now. Absent a court order you cannot force her to pay the debts, and since they are joint it could ruin your credit if the bills are not paid.