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There is a lot of incorrect information in these posts..
Everyone is guessing at what is in a separation agreement
and what isn't..Guessing at whether its binding or not...
There is a lot of incorrect information in these posts..
Everyone is guessing at what is in a separation agreement
and what isn't..Guessing at whether its binding or not...
You need legal advice !!!
This is the correct answer.
And the advice for Legal Aid is good- but understand that with all of the budget cuts recently (and most targeted at programs that help the needy and poor) Legal Aid has taken some massive hits and simply can't help everyone that comes to them. A separation agreement would probably be low on their list of priorities.
Thank you! I called the Young Lawyers Division website. I missed the face-to-face event, but they said there is a free statewide call in day coming up on March 1st. I will definitely be taking advantage of that.
There is a lot of incorrect information in these posts..
Everyone is guessing at what is in a separation agreement
and what isn't..Guessing at whether its binding or not...
You need legal advice !!!
Oh. I agree that she needs legal advice.
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legal advice is definitely something you should seek. i understand it may be difficult financially but there is also the chance that the difficulty is compounded down the road if there's something of consequence within the separation agreement. smith debnam law firm holds divorce seminars for those contemplating separation or divorce. the next one is 2/12/13:
Need more advice please. I do plan to call on free ask a lawyer phone call day as kelly237 recommended but wanted to work on my agreement in the meantime.
In the separation agreement, I said my "income will be direct-deposited into a separate account to cover [strongasabear's] living expenses during the time of this separation and in lieu of alimony, which will be waived during the time of this separation but will be addressed at such time that this separation leads to divorce."
Does this sound acceptable? My income will be deposited into a separate account because my husband has a history of being irresponsible with money. Despite my pleading with him to be involved, he has not taken an interest in what we have or what we spend each month. He will think nothing of going out and buying something without checking to see where our finances are beforehand. Therefore, I don't feel I can trust having my income in a joint account. I would no doubt end up short to pay my expenses. I am not asking him to contribute to my expenses at all. I also said that his income would continue to be direct-deposited in our joint account to continue paying bills that are in both our names.
So to summarize, I am asking if it's ok to say that about the alimony and if it's ok to keep my money separate when I am asking his to be joint.
Need more advice please. I do plan to call on free ask a lawyer phone call day as kelly237 recommended but wanted to work on my agreement in the meantime.
In the separation agreement, I said my "income will be direct-deposited into a separate account to cover [strongasabear's] living expenses during the time of this separation and in lieu of alimony, which will be waived during the time of this separation but will be addressed at such time that this separation leads to divorce."
Does this sound acceptable? My income will be deposited into a separate account because my husband has a history of being irresponsible with money. Despite my pleading with him to be involved, he has not taken an interest in what we have or what we spend each month. He will think nothing of going out and buying something without checking to see where our finances are beforehand. Therefore, I don't feel I can trust having my income in a joint account. I would no doubt end up short to pay my expenses. I am not asking him to contribute to my expenses at all. I also said that his income would continue to be direct-deposited in our joint account to continue paying bills that are in both our names.
So to summarize, I am asking if it's ok to say that about the alimony and if it's ok to keep my money separate when I am asking his to be joint.
Thank you kindly.
No offense but you are asking legal advice from people that simply aren't lawyers and therefore, cannot and should not practice law by advising you!
Need more advice please. I do plan to call on free ask a lawyer phone call day as kelly237 recommended but wanted to work on my agreement in the meantime.
In the separation agreement, I said my "income will be direct-deposited into a separate account to cover [strongasabear's] living expenses during the time of this separation and in lieu of alimony, which will be waived during the time of this separation but will be addressed at such time that this separation leads to divorce."
Does this sound acceptable? My income will be deposited into a separate account because my husband has a history of being irresponsible with money. Despite my pleading with him to be involved, he has not taken an interest in what we have or what we spend each month. He will think nothing of going out and buying something without checking to see where our finances are beforehand. Therefore, I don't feel I can trust having my income in a joint account. I would no doubt end up short to pay my expenses. I am not asking him to contribute to my expenses at all. I also said that his income would continue to be direct-deposited in our joint account to continue paying bills that are in both our names.
So to summarize, I am asking if it's ok to say that about the alimony and if it's ok to keep my money separate when I am asking his to be joint.
Thank you kindly.
In my non-legal opinion, it's not ok.
First of all, North Carolina doesn't have alimony. There is something called "post separation support", but usually only awarded in cases where the couple agreed that one spouse would stay home and one would work. If both spouses work and one doesn't earn a significant amount more than the other, there is no real post separation support.
Second, I doubt he'd sign something that says that you're going to put your paycheck in an account he can't access, but he has to put his paycheck in an account you can access.
Also, when you previously mentioned "no child support", that's not really a decision you get to make. You say that neither of you will pay child support. Actually, if the child is under 18 years of age, someone has to cover his/her expenses. There's a worksheet that figures out what the annual cost should be and then assigns a portion to each spouse based on how many overnights the child spends with each parent. The fewer overnights, the more you owe to the other parent. It's a state law and it starts the minute one parent moves out of the house (which is technically when the separation starts).
Again, I echo the others. Talk to a lawyer. Do not approach your spouse with some separation agreement you've cobbled together from advice on a message board.
Good luck!
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