You can file a complaint requesting a fair distribution in which you can also include other claims such as alimony, custody, child support and/or divorce. If your spouse files a complaint against you, you can file your claims in a “response” (the document filed with the court in response to a complaint). There is no standard form for fair distribution and the process is often complicated. Some counties have local rules that require certain information to be provided at certain points in the court proceedings. You can contact a lawyer to help you with a fair distribution claim. To file for divorce, you must file the following documents with the clerk of the county where you or your spouse live: Generally, the rights and obligations of a separation agreement include the division of property and debts, the amount of child support you pay or receive, child custody (if you have children), and visitation. What is the difference between a separate life and a legal separation? To be legally separated, the spouses must have a court decision. This decision formally regulates the consequences of separation. For example, the decision can settle these issues: in North Carolina, “matrimonial property” can be divided between the parties, while “separate property” is not divided. In general, property or debts that one of the spouses had before the marriage is “separate property” from that spouse and is not divided.
However, a spouse may be entitled to an asset based on active value increases during the marriage. Property and debts acquired during marriage are generally classified as “matrimonial property” (exceptions include inheritances and gifts that one of you received from a third party during the marriage). A third category, called “divisible property”, applies to property obtained between separation and divorce. Divisible property may be divided between the parties depending on the circumstances. If the spouses live separately, this does not mean that they are legally separated. Living separately and legal separation are two different things. If you follow only one piece of advice to negotiate, you can come up with a satisfactory solution. This advice is to focus most of your attention on the issue that matters most to you (rather than getting distracted by issues that only have temporary or minor emotional significance), and then be willing to make concessions on the issue that matters most to your spouse. Let`s say you`re the mother of two teenagers who are hoping and planning to go to college. You and your husband quickly entered into a separation agreement and property settlement that only concerns property and custody. Both children will stay with you.
All matrimonial property, including IRAs in your husband`s name, has been divided equally between you and your husband in the written agreement. It wouldn`t necessarily hurt your case if you didn`t have illegal sex with the person before your breakup. But it`s still adultery, as mentioned above, to have sex with a third party while you`re still married, even if you`re separated. The relationship of a married couple is deteriorating. A person moves. If they live separately, are they automatically legally separated? Now you`ve realized that making your husband willing to contribute to the children`s college education is much more important to you than having half of his IRAs. and contributing to college education is also now much more important to you than asking a judge to provide monthly child support above the benchmark, which the judge could reject anyway. They were also properly informed that a North Carolina judge does not have the power to order a parent to pay college fees unless the judge merely performs a previous contract between husband and wife. You didn`t know it before, just as you didn`t realize until college was a big problem for you. However, you have excluded child support from your settlement conversations and written agreement based on your perception of your children`s financial needs and the fear that you may not have been able to create an “airtight” support document. You thought the children would be entitled to monthly support under the Child Support Guidelines, which your husband would not accept. They were both ready to negotiate the issue in the heat of angry conversations.
You and your husband never talked about the children`s future expenses in college, because the issue of child support was something you didn`t discuss in detail when it became clear that you couldn`t agree. Why is this important? If it is a support application and you are the spouse who needs the money and you had sex with a 3rd party before the separation, your support claims are excluded if this can be proven in court. If you are the spouse who would pay money to the other spouse, then this behavior reinforces the claim of the other party. 2) You start dating someone you didn`t have a relationship with before the breakup After the breakup, there`s no evidence that you were separated. When the court rules on this, it will consider whether you: whether spouses can settle down or are forced to plead, independent custody, alimony, and property issues in North Carolina can prolong the final resolution of any issues arising from the separation. For example, custody in North Carolina can and could be resolved – by private agreement or in court – long before other issues have been resolved; or property may be divided during the period of separation, long before there are custody or support agreements. You will certainly want to consider during the negotiation process whether it makes sense to try to deal with all the issues at the same time, rather than one after the other, as North Carolina law allows. In terms of peace of mind, closure, and costs, it usually makes more sense to sort everything out at once and as quickly as possible in your individual situation. Couples choose to separate legally rather than divorce for many reasons. Some of the most common reasons are: Physically separated under the eyes of the law means that you and your spouse live in separate homes.
If you have a situation where you have two houses on the same plot or a house that is divided and has completely separate living spaces where neither party would ever see the other or share rooms, this may be enough. However, the safest thing to do is to move to a completely separate residence in a separate location.