· A separation agreement is not valid in North Carolina unless both parties have signed and their signatures are notarized. Probably yes, to some extent. However, real estate acquired during separation and debts incurred during separation are treated differently from property and debts accumulated during a marriage. If you know that your spouse is likely to be in high debt and trying to get by, you should talk to a lawyer for additional advice on how to limit your liability. Remember, statistics predict that you will solve problems that seem impossible to solve. But if you can`t settle under your own power, don`t wear out trying. Just take the next step — ask a lawyer or other professional for help. If that person starts the negotiations, the discussions may continue for some time. There may be phone calls, letters, requests/counter-offers, contract projects, personal meetings, delays.
However, you will probably eventually settle down, and your separation will become a full legal divorce. You have left child care out of your comparative conversations and written agreement, based on your perception of your children`s financial needs and because of the fear that you would not have been able to create an “airtight” support document. You thought that children would be entitled to monthly assistance through child custody guidelines that your husband would not approve. They were both ready, in the heat of furious conversations to pursue the subject. You and your husband never talked about the future university fees of the children, because the issue of child custody was something they did not discuss in detail as soon as it became clear that you would not be able to accept. According to the law, an equal distribution of marital property is preferred, but if one spouse asks for unequal distribution and the judge finds that an unequal distribution would be fair, the court may give one party more over-assets or debts than the other. Judges take many factors into account in deciding to share ownership. These factors include income, wealth and debts of both parties; The seniority and health sectors of the parties; The length of the marriage Each party`s contributions to the other party`s profitability; Tax impact and more. Marital misconduct is not a fair distribution factor, except in cases of financial misconduct after separation. The full list of factors can be find here.
2. Alimony usually ends with the death of one of the two parties or the remarriage of the recipient/beneficiary (usually the wife).