Legal Question in Family Law in North Carolina

My husband gave me a separation/divorce agreement that he had drawn up with an attorney and left the home Oct. 'll. In NC you cannot file for divorce for a year after being separated. Do I legally have to sign anything before that year is up? I am a Christian woman who does not believe that a divorce is the answer and is still praying for a reconciliation. I do not feel comfortable signing anything at this time. Thanks for your advice!


Asked on 3/30/12, 9:01 am

1 Answer from Attorneys

A marital separation/settlement agreement has nothing to do with either Christianity or the divorce. It is simply a logical and reasonable effort by rational thinking people who have decided that the marriage has ended and they wish to provide for a cost-effective means of dividing their marital assets and debts and providing for the support and custody of any minor/handicapped children or a dependent spouse.

You can do this the expensive way or the cost-effective way. Stick with your beliefs and refuse to sign and have this be costly. Litigation is very expensive and every dollar that is wasted on litigation is a dollar that goes into the pockets of the attorneys and which will not available for division between the parties.

Or you can put aside these ideas, go and hire a family law attorney now to review the agreement. If it is properly drafted, it will provide for a full disclosure of the parties' assets and debts, fair distribution of marital assets and debts, provide for custody/support of minor/handicapped children and any spousal support/alimony to the dependent spouse. It will also contain a clause indicating that the agreement is invalid in the event of a reconciliation between the parties. Once the agreement is reviewed by your lawyer and it is satisfactory, it will be okay for you to sign. Then, nothing needs to be done except the filing for divorce once the year separation is up unless reconciliation is achieved before that time.

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Answered on 3/30/12, 9:39 am


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