If the decision on pension division is to be put off or deferred because there is no present agreement, that also should be stated clearly. The second approach postpones the division until whenever the employed spouse starts receiving pension payments. But it allows you to ask the court to hold your spouse (and not you) accountable for the debt as set out in the agreement. In this way, the husband and the wife both know that they have received independent legal advice for their individual situation from a lawyer who does not have a conflict of interest in trying to represent two clients with different goals and needs. Your lawyer can answer the many questions about separation agreements and help you to make a fair and intelligent decision about your choices, options and alternatives.
Make sure your agreement is very specific and plain in this area as to your intent on dividing the pension; a poorly worded agreement may be challenged in court as vague and unenforceable. At this time the other spouse would receive a share of each check equal to one-half (or some other percentage) of the portion acquired during the marriage. Our legal assistance office stands ready, willing and able to help you in these matters.
You’ll appear before a judge and the judge will ask you to confirm, under oath, that you’ve lived apart in different residences for a year.
He can’t contest the divorce simply because he doesn’t want to end the marriage. However, if you include a request for property distribution or alimony in your complaint, your spouse does have the right to contest those issues.
After you file your complaint for divorce, you must officially serve it on your spouse.
INTRODUCTION: As a service to our legal assistance clients, we have prepared this handout with frequently asked questions involving separation agreements. A separation agreement is a contract between a husband and wife when they separate from each other in which they resolve such matters as property division, debts, custody and support. Here is some very general guidance : • If the separation agreement hasn't been incorporated or made a part of a court decree, then it's binding and cannot be charged regarding your “adult promises,” except with the consent of your spouse. Some parents also agree on a modest monthly allowance for spending money for the child, or for travel to and from home, or for summer expenses. Few parents want to agree to finance a college education for a child at any college or university.
It is, of course, very general in nature since no handout can answer your specific questions. • If it's been made a part of a divorce judgment or other court decree, then it may be possible to get it changed by the judge based on a substantial change of circumstances. The cost of some private colleges and universities would bankrupt the average parent.
She may lose command sponsorship and be barred from all the facilities here, but a civilian spouse is not required to return to the States if she doesn't want to. • Should you alternate the exemption between parents?
This is a job for a legal assistance attorney or a civilian lawyer, whichever you choose. Even a small increase in support would help offset the tax increase that will be paid by the custodial parent, and the other parent can better afford such an increase due to the taxes he or she saves by claiming the exemption on federal and state tax returns.
Be sure to bring along with you to the interview a copy of any documents or court papers that might be helpful to your attorney. 1/08] * * * HE LEGAL EAGLE SERIES OF CLIENT HANDOUTS IS PREPARED BY MARK E.
North Carolina is one of the easiest states in which to end your marriage. Absent rare circumstances, such as a spouse's insanity, spouses must live separately, in two different residences, for a year before one can file for divorce.
North Carolina allows you to forward it to him by certified mail or you can ask the county sheriff to deliver it to him. He would generally do so only if he wants to prove you didn’t live separately for a year or if you asked for relief, such as for alimony or property division, and he doesn’t agree.
After the 30-day period has expired, you can request a court date.
We do ask, however, that you read over these questions and answers carefully in connection with your visit to our legal assistance attorneys so that you may have the fullest information available to help you with your family law problem. • The court can overturn a separation agreement if it was signed due to fraud, coercion or lack of mental capacity. CAN WE PROVIDE FOR COLLEGE EDUCATION OF OUR CHILDREN IN A SEPARATION AGREEMENT? In most states the judges cannot order you to pay child support for your child in college. Consider putting a ceiling or "cap" on the college expenses, such as by specifying that the maximum shall be "the then-prevailing rate for in-state tuition at XYZ State University " or some other nearby public institution. Your attorney who prepares the separation agreement will explain alimony (also called spousal support or maintenance) to you.