Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
 [Register]
Raleigh, Durham, Chapel Hill, Cary The Triangle Area
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 02-01-2013, 03:53 PM
 
Location: Central North Carolina
1,335 posts, read 3,144,513 times
Reputation: 2145

Advertisements

Quote:
Originally Posted by kelly237 View Post
Date of separation used to be the date that you no longer lived under that roof.
Official Agreement or not ...
That is when the year to divorce began. Maybe its changed..
This is correct. If kids are not involved, and everythning is amicable, then you don't need to waste your money on lawyers. Just call the clerk of court in the county you reside, and they will tell you what you need to do.

Re: Rosen Law Firm, their website and forum are a decent source of info, but it's the web, and therefore you have to take it with a grain of salt. I don't know anything about their web for a fee, deal. But if you were to retain them, I'd suggest that you do some research. Probably bad form to post good or bad here, but I will say that some light research will stir up some pretty interesting facts about them specifically.


My advice: If kids are not involved, and you all can agree on "who gets what", then go out to dinner together, write it up, have it notarized, and file it with the court. (If you can get a few friends to show you their agreements to create a format, even better.) You have to be fighting about a LOT of money before spending $20k or more (per couple) becomes a good deal for anyone other than the lawyer.
Reply With Quote Quick reply to this message

 
Old 02-01-2013, 04:01 PM
 
1,036 posts, read 1,950,099 times
Reputation: 1261
I have no advice (my separation and subsequent divorce happened in Florida) but I'm sorry to hear you're going through it. I've been there, and it was one of the most disrupted times of my life. Best of luck.
Reply With Quote Quick reply to this message
 
Old 02-01-2013, 04:48 PM
 
11,113 posts, read 19,477,898 times
Reputation: 10174
Quote:
Originally Posted by SaucyAussie View Post
I am thinking QuilterChick meant that it is a really good idea to have a separation agreement first, not that you technically "need" one. How else are you going to decide who gets what?

OP - Rosen website also has forums where you can get some actual legal advice. I would take your questions there.

Some ballpark figures:
Sit down in a lawyers office: $250
Write your own agreement, have lawyer "make it legal" - $2K. (Per person if you both want a lawyer).
Have mediator write the agreement $2K - $4K. But then you probably still need lawyer anyway.
The old-fashioned lawyer v. lawyer route $10K per person. (assuming court is not necessary)

These are just the numbers from my own experience - YMMV!

Sorry Aussie, no need to second guess what I said.

I meant that the best course is to consult an attorney; most separations end in divorce. If a party does not want to consult an attorney for preliminary advice and pay a modest fee for a one hour consultation, then they are proceeding blindly. There are attorneys who will consult for no fee.

"Ballpark" figures from personal experiences are not reliable whatsoever. The Rosen website is set up to get clients/referrals. Separation and divorce agreements should only be drafted by competent legal advisors. Recording agreements with the Clerk of the Court is a permanent record inthe event copies of the agreementarelost,misappropriated, destroyed etc. Short cuts to legal advice are foolhardy.
Reply With Quote Quick reply to this message
 
Old 02-01-2013, 05:32 PM
 
8,583 posts, read 15,979,764 times
Reputation: 11355
Quote:
Originally Posted by QuilterChick View Post
If you do decide to proceed to divorce, in NC there is a one year and one day waiting period after filing for separation. Plaintiff (the one asking for divorce) files a separation agreement, then the clock starts to tick.
This isn't correct..
Physical separation required before divorce is 1 year.
You can file the agreement after the actually physical separation begins..
You can get a divorce a year after Physical separation even without a separation agreement..
Reply With Quote Quick reply to this message
 
Old 02-01-2013, 07:24 PM
 
9,196 posts, read 24,894,842 times
Reputation: 8585
A separation agreement does not need to be filed.
Reply With Quote Quick reply to this message
 
Old 02-02-2013, 06:00 AM
 
11,113 posts, read 19,477,898 times
Reputation: 10174
That's right. But it should be recorded in the event there is no divorce and records are lost/destroyed or needed for other matters, etc. What's the big deal? A less than $10 recording fee is inexpensive protection.

But quite frankly Scarlet, I don't give darned.
Reply With Quote Quick reply to this message
 
Old 02-02-2013, 07:00 AM
 
9,196 posts, read 24,894,842 times
Reputation: 8585
Quote:
Originally Posted by QuilterChick View Post
That's right. But it should be recorded in the event there is no divorce and records are lost/destroyed or needed for other matters, etc. What's the big deal? A less than $10 recording fee is inexpensive protection.
My lawyer has a copy of mine should I ever need it.

I guess one question I would have is whether an agreement filed with the clerk of the court remains private and is not obtainable by others?
Reply With Quote Quick reply to this message
 
Old 02-02-2013, 11:16 AM
 
Location: NC
4,532 posts, read 8,853,958 times
Reputation: 4754
My only knowledge is from having gone thru a divorce years ago.

While folks are saying a legal separation is not required, and this is correct, I would advise one IF you plan to file your taxes as head of household during the time you are still legally married. The IRS requires that you have a formal agreement recorded at the courthouse in order to claim this. Otherwise you must file as married living separately. I suggestion you go to IRS.gov and search for this to be sure it's still the same.

In addition, to protect yourself from financial responsibilities your ex may enter into after you separate, a recorded separation agreement protects you from these responsibilities. Purchasing a home may also be impacted. I had to show a formal, recorded agreement to buy my home. it would be worth doing a 30 minute consult with a divorce attorney for maybe $100? to learn which is best for your situation.

Unemployment is hard on marriages, I hope you are able to reconcile and put this behind you. Best of luck!
Reply With Quote Quick reply to this message
 
Old 02-02-2013, 11:21 AM
 
Location: NC
4,532 posts, read 8,853,958 times
Reputation: 4754
PS - I think you said you are moving out of the house? In this case, you should talk with an attorney as this could impact you in the event you divorce.

Also, if both your names on are on credit cards and other accounts, you need to consider separating this. it is best done now while you are both in agreement rather than later in case one of you unexpectedly meets someone and then asks for it. Usually then the other partner is resentful and may not be as cooperative.
Reply With Quote Quick reply to this message
 
Old 02-02-2013, 03:09 PM
 
Location: Raleigh, NC
553 posts, read 1,269,848 times
Reputation: 540
The Rosen site has very good information. I would consult that first to get some general education. Then, I would consider contacting an attorney.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
Similar Threads

All times are GMT -6. The time now is 10:37 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top