Separation Agreement filing question

Welcome to the North Carolina Divorce Legal Issues Forum. Please post your topics and questions for discussion. Our attorneys WILL RESPOND to the posted issues. It may take several days for a response to be posted by our attorneys.

Moderators: Erin Clarey, Kathleen Putiri, LeeRosen, Ryan Short

Separation Agreement filing question

Postby sjnelson » Fri Aug 03, 2012 8:27 am

I was under the impression that if you had a separation agreement drawn up, signed and notorized where it addresses property distribution/alimony, that you didn't have to "file" it with the courts. Your website however seems to indicate differently based on what I've copied below. What does it mean when it says "previously filed claims"?

"These rights are permanently and irrevocably forfeited when you obtain a divorce without having previously filed claims for property distribution and alimony."

Thank you
sjnelson
 
Posts: 1
Joined: Thu Aug 02, 2012 8:03 am

Re: Separation Agreement filing question

Postby Kathleen Putiri » Fri Aug 03, 2012 2:03 pm

If you have settled everything using a separation agreement, you do not have to file claims. The portion quoted means, that if you don't have everything settled, and you don't have a claim pending at the time the divorce is granted, you lose your right to those claims.
Kathleen Putiri
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
User avatar
Kathleen Putiri
 
Posts: 1071
Joined: Fri Jul 27, 2012 9:15 am


Return to Legal Issues - ATTORNEYS WILL RESPOND

Who is online

Users browsing this forum: No registered users and 2 guests