This agreement is a sample separation agreement intended only to provide you with an example of this type of document to illustrate the other materials on this site. Use of this form as your separation agreement would be a mistake. This agreement contains language tailored to the specific situation of the parties involved and your agreement will be different. Please utilize the services of an attorney in preparing your documents.
This Separation Agreement and Property Settlement between John Glenn Doe, of Durham County, North Carolina, hereinafter referred to as “John”, and Mary Jane Doe, of Wake County, North Carolina, hereinafter referred to as “Mary”, shall become effective as of the date that it has been executed by each party hereto;
W I T N E S S E T H:
THAT, WHEREAS, the parties hereto were married on December 25, 1990, and certain differences have arisen between them rendering it undesirable for them to continue to live together as John and Mary, by reason whereof they separated on April 15, 1997, and have agreed to live separate and apart permanently; and
WHEREAS, there were no children born of the marriage; and
WHEREAS, each of the parties is more than 18 years of age, and they desire to confirm their separation and to make arrangements in connection therewith, including the settlement and adjustment of their property rights and other rights, responsibilities, and obligations growing out of their marital relationship; and
WHEREAS, after mature consideration and judgment, each party having had the opportunity to seek independent legal counsel from an attorney of his or her respective choice, each party believes it is in his or her own respective best interests to enter into this Separation Agreement and Property Settlement and each party considers this Agreement to be fair, reasonable and equitable; and
WHEREAS, each party has read this Agreement, fully understands the terms, conditions and provisions hereof and deems such to be fair, just, and equitable;
NOW, THEREFORE, in consideration of the premises, the mutual promises and undertakings herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, each party stipulates, agrees and covenants with the other as follows:
1. General. From and after the date of this Agreement, it shall be lawful for John and Mary to live separate and apart, each from the other, as fully, completely and in the same manner and to the same extent as though they had never been married.
2. Interference. John and Mary each shall be free from interference, restraint, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party hereto shall hereafter disturb, annoy, molest, harass or in any way interfere with the other, directly or indirectly, nor compel or endeavor to compel the other to cohabit or dwell with him or her.
3. Residence. Subject to the limitations set out herein with respect to the payment of alimony, John and Mary may reside at such place or places and reside or associate with such person or persons as each of them may deem fit or as each of them may desire.
4. Visitation. Neither John nor Mary shall call upon or visit the other except by express invitation by one accepted by the other.
5. Employment. Each of the parties may, for his or her separate benefit, engage in any employment, business or profession he or she may choose.
6. Right To Contract. Both John and Mary shall have the right to contract and to be fully contracted with, independently of the other, as fully and to all intents and purposes as if they had never been married.
7. Marital Residence. The parties are the owners of a house and lot located at 1000 Chimney Rock Road, Raleigh, North Carolina. Contemporaneously with the execution of this Agreement, Mary has by quitclaim deed conveyed her interest in said property to John subject to the existing note and deed of trust encumbering the property, the balance of which John assumes and agrees to pay. John shall indemnify and hold the Mary harmless therefrom.
8. Tangible Personal Property Located at Marital Residence. Until the date of separation of the parties, the aforementioned residence was occupied by the parties as their marital residence. On that date Mary departed the premises and has since resided elsewhere. At the time of Mary’s departure, she removed from the marital residence all of the tangible personal property she is to receive. Thus, all of the furniture, appliances and other articles of tangible personal property presently located in and around the marital residence shall be and become the sole and separate property of John. Mary hereby relinquishes any and all claims he may have in and to the same. All of the furniture, appliances and other articles of tangible personal property removed from the marital residence by Mary shall be and become the sole and separate property of Mary. John hereby relinquishes any and all claims she may have in and to the same.
9. Automobiles. The parties are the owners of the following automobiles:
A 1991 Ford Taurus automobile and a 1974 Ford Mustang which are titled to John’s name and driven by John. The title to these automobiles is unencumbered. Mary conveys all of her right, title and interest in and to the aforementioned automobiles to John so that the said automobiles shall be and become the sole and separate property of John. Henceforth, John shall be solely responsible for all maintenance, repairs and insurance premiums for said automobile, and shall render Mary harmless from and against all obligations, claims and expenses, including reasonable attorney’s fees, arising out of or relating to any of these obligations.
10. Intangible Personal Property. The parties have divided between themselves, to their mutual satisfaction, all intangible personal property owned by them individually and jointly, including but not limited to checking and savings accounts, stocks, bonds, mutual funds, IRA’s, interests in pension and profit sharing plans, promissory notes, franchises, partnerships and the like. Hereafter, neither party shall make any claim against the other for any intangible personal property in the name, possession or control of the other.
11. Future Debts. Neither party hereafter shall charge or cause to be charged to or against the other party any purchase which either party may; and neither John nor Mary shall create any engagements or obligations in the name of or against the other hereafter nor shall they secure or attempt to secure any credit upon or in connection with the other or in his or her name. Each party shall promptly pay all debts and discharge all financial obligations, to the best of his or her respective ability, which either may incur for himself or herself hereafter; and each shall hold the other free and harmless and shall indemnify and defend the other from any and all subsequent debts, obligations or liabilities which are incurred or sustained individually hereafter.
12. Debts. John agrees to promptly pay, when due, all debts incurred in his name alone and to indemnify and hold Mary harmless therefrom. Mary agrees to promptly pay, when due, all debts incurred in her name alone and to indemnify and hold John harmless therefrom.
13. Distributive Award. John shall pay to Mary a distributive award of $12,500 upon execution of this Agreement.
14. Health Insurance Continuation. The parties recognize that Mary may be eligible to continue coverage through COBRA under the group health insurance carried by John through his employer. John shall, within ten days of any event that would cause Mary’s health insurance coverage to end, either under the terms of the policy or by reason of a qualifying event under the COBRA requirements, notify the plan administrator of the event. At the same time, John shall inform Mary in writing that such notice has been given to the plan administrator.
15. Support Of Mary. John agrees to pay Mary as alimony for her sole use and benefit the sum of $600 per month in cash on or before the first (1st) day of each calendar month, commencing with April 1, 1997. Such payments shall continue until the first to occur of the following events: (i) the death of Mary, (ii) the remarriage of Mary, (iii) the death of John, (iv) cohabitation of Mary with an unrelated adult or (v) the 1st day of November 1, 2010. In no event and under no circumstances shall alimony payments extend beyond November 1, 2010 and shall finally conclude with the payment for the month of November, 2010, unless terminated sooner by John’s death, Mary’s death, or Mary’s remarriage (marriage being defined herein as a church or civil marriage ceremony following the issuance of a marriage license in the jurisdiction where performed), or cohabitation. The parties further agree that there is no liability to make any of the foregoing alimony payments for any period after the death of Mary and there is no liability to make any payment (in cash or property) as a substitute for such payments after the death of Mary. Any monthly payment that is not paid when due under this Agreement shall bear interest, from the due date until paid, at the rate of 9% per year. Mary accepts the payments specified in and to be made under this section in full satisfaction and settlement of all her right, claim and demand against John for support, maintenance and alimony. The provisions for the support, maintenance and alimony of Mary are independent of any division or agreement for division of property between the parties, and shall not for any purpose be deemed to be a part of or merged in or integrated with the property settlement of the parties.
16. Waiver Of Rights To Equitable Distribution And Other Rights In Marital Property. John and Mary expressly acknowledge and agree, pursuant to G.S. Section 50-20(d), that the division and distribution of marital property set forth herein is just, fair and reasonable, is deemed by the parties to be equitable and satisfactory, and that this Agreement shall be binding on the parties. Except as otherwise provided herein, John and Mary further acknowledge that the foregoing provisions for the division and distribution of property are made in full and complete satisfaction of any and all claims specified herein below. Each party expressly waives any and all claims, whether now in existence or acquired hereafter, which either party may have against the other party or the property of the other party under the present and future laws of this or any other jurisdiction relating to the distribution of marital property, including, but not limited to, rights to division of real and personal property, payment of capital sums or periodic payments, distributive shares, pension or retirement benefits, life insurance and every other form of property, real or personal, tangible or intangible, vested or contingent. Each party accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of any and all claims and rights which either party may now or hereafter have against the other party for the distribution of property; and the parties agree that this provision and this Agreement may be pleaded in bar of any such claim for relief in any suit filed hereafter.
17. Mutual Release Of Property Rights. John and Mary grant, release, and forever quitclaim each to the other, all right, title, interest, claim and demand whatsoever in the real estate of which either is now seized or may hereafter become seized; and each of said parties may from this date and at all times hereafter purchase, acquire, own, hold, possess, encumber, transfer, dispose of and convey any and all classes and kinds of property, real or personal, tangible or intangible, or mixed, as though unmarried and free from the consent, joinder and interference of the other party, it being the understanding and agreement on the part of each of the parties hereto that in the sale, transfer and conveyance of any property hereafter it shall not be necessary in order for the grantee to have a good title, that the other party hereto shall sign and execute to the grantee the deed, conveyance, deed of trust, mortgage or bill of sale conveying or selling the property; it being the agreement and covenant of the parties hereto that in this respect, each of the parties hereto has forever released and discharged, and by these presents each does hereby now forever release and discharge the property of the other from all claims, interest and estate of his or her part, and that each shall be in the same position as if such party were single and unmarried.
18. Sale Of Property. In the event of a sale, transfer, or conveyance of any real or personal property now owned or hereafter acquired by either of the parties, if (notwithstanding the mutual releases contained in this Agreement) either party to this Agreement is called upon to execute a deed, conveyance, bill of sale or other instrument conveying said property, then the party called upon will sign any such instrument which may be reasonably required or reasonably necessary to perfect title in the grantee of the property which is sought to be conveyed.
19. Waivers Of Claims Against Estate. Except as otherwise expressly provided for in this Agreement, John does hereby waive, release, discharge, quitclaim and renounce unto the Mary and her heirs and assigns, and Mary does hereby waive, release, discharge, quitclaim and renounce unto John and his heirs and assigns:
All and every right to a share in the estate of the other party upon said party’s death as provided in G.S. Section 29-14, or otherwise, now and hereafter by law provided;
All and every right to elect to take a life estate in real estate upon the death of the other party in lieu of the share provided in G.S. Section 29-14, as provided in G.S. Section 29-30, or otherwise, now and hereafter by law provided;
All and every right to a year’s allowance upon the death of the other party as provided by G.S. Section 30-15, or otherwise, now and hereafter by law provided;
All and every right to dissent as provided by G.S. Section 30-1, or otherwise, now and hereafter by law provided; and
All and every right to administer upon the estate of the other party as provided by G.S. Section 28A-4-1, or otherwise, now and hereafter by law provided.
20. Mutual Release. Subject to the rights and privileges provided for in this Agreement and in any deed or other instrument executed contemporaneously or in connection herewith, each party does hereby release and discharge the other of and from all causes of action, claims, rights or demands whatsoever, at law or in equity, which either of the parties ever had or now has against the other, known or unknown, by reason of any matter, cause or thing up to the date of the execution of this Agreement, except the cause of action for divorce based upon the separation of the parties. It is the intention of the parties that henceforth there shall be, as between them, only such rights and obligations as are specifically provided for in this Agreement, the right of action for divorce, and such rights and obligations as are specifically provided for in any deed or other instrument executed contemporaneously or in connection herewith, provided, however, that the releases in this Agreement shall not apply to rights to any social security benefits the parties may have by reason of their marriage to each other.
21. Waivers Of Rights, Claims, Or Benefits Relating To Wills, Trusts, Death Benefits, And Insurance Proceeds For Property Damage. John and Mary expressly waive any right, claim or benefit (including an appointment as personal representative, a bequest or devise) under any Will executed by the other party prior to the date of this Agreement. Each party further waives, releases, and renounces, and hereby conveys, quitclaims and assigns over to the other party and his or her heirs, executors and administrators, any beneficial or administrative right arising under any trust created by the other party prior to the date of this Agreement, any right to insurance proceeds or employment benefits payable by reason of the death, disability or retirement of the other party except as set forth herein, and any right to insurance proceeds payable by reason of damage or destruction to any real or personal property owned separately by the other party, whether such property was distributed under this Agreement or acquired before or after the execution of this Agreement by the other party. John and Mary further agree upon the death of the other to execute such other and further documents including documents of renunciation as may be reasonably required to give full force and effect to this agreement.
22. Effect Of Reconciliation. In the event of the reconciliation of the parties hereto, the distribution of property under this Agreement shall remain in force, whether or not such provisions are executed or executory; and the property distributed under this Agreement shall not thereafter be subject to the provisions of the North Carolina Equitable Distribution of Marital Property Act. In the event any transfer of property to be made under this Agreement has not been completed prior to any reconciliation, the transferor is not relieved of his or her obligation to effectuate such transfer. Likewise, all obligations for the payment of debts provided for herein shall remain in effect.
23. Transfers Of Property Incident To Divorce. The parties agree (i) that the transfer of property hereunder is related to the divorce; (ii) that the transfer of property hereunder is a transfer incident to divorce and is related to the cessation of the marriage; (iii) that the intent and purpose of this Agreement is for the transfer of property hereunder to be tax free pursuant to Section 1041 of the Internal Revenue Code and the applicable provisions of North Carolina law and for no gain or loss to be recognized by either party as a result of such transfer; and (iv) that they will file a formal election if necessary or otherwise take such actions as may be required by applicable provisions of the state or federal income tax law and regulations to give full force and effect to their aforesaid intent and purpose.
24. Subsequent Divorce; No Incorporation; Confidentiality. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other based on the ground of separation as provided by law; however, the rights and obligations hereunder shall survive any such divorce, regardless of who obtains or petitions for said divorce. The parties further agree that this Agreement will not be incorporated, by reference or otherwise, in any final judgment of divorce, that this Agreement and the terms hereof will not be made generally known to the public, and that this Agreement will not be recorded in the Public Registry of Wake County or in the Public Registry of any other county in this State.
25. Construction. This Agreement is not an agreement between the parties to obtain a divorce. The same is an agreement settling their property and marital rights.
26. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party, any further instrument that may be reasonably required to give full force and effect to the provisions of this Agreement.
27. Memorandum Of Agreement. In order to protect the privacy of each party, they agree to execute a Memorandum of Separation Agreement which shall be recorded in lieu of the full text of this Agreement in the event such recording is needed by either party.
28. Amendment. This Agreement can be altered and amended only by further written agreement duly executed by the parties. Any failure by either party to specifically perform or to enforce performance exactly according to the letter of this Agreement shall not constitute an alteration of the same by way of enlargement, waiver, reduction, estoppel, or otherwise, unless confirmed in writing by the parties. It is understood that the parties may, by mutual agreement, make temporary modifications from time to time as conditions require, but this Agreement shall nonetheless be binding upon the parties as written, except in the event of a material breach.
29. Situs. This Agreement, and the rights and duties of the parties hereunder, shall be construed in accordance with, and governed by, the laws of the State of North Carolina.
30. Binding Effect. Except as otherwise stated herein, all the provisions of this Agreement shall be binding upon the respective heirs, estates, next of kin, executors, administrators, and assigns of the parties.
31. Entire Agreement. This Agreement, together with any exhibits and schedules attached hereto, contains the entire understanding of the parties with respect to the subject matter; and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. This Agreement supersedes and replaces all prior agreements and understandings of the parties.
32. Voluntary Act. Each of the parties acknowledge that he or she has read this Agreement and understands its contents and provisions; that it is a fair and reasonable agreement to each of them, having due regard to the conditions and circumstances of the parties hereto on the date hereof; that each has signed and executed the Agreement freely and voluntarily and without fear, compulsion, duress, coercion, persuasion or undue influence exercised by either party upon the other or by any other person or persons upon either.
33. Representation By Counsel. Mary has been represented by independent counsel of her own choice, Lee S. Rosen, and John has been represented by independent counsel of his own choice, Lisa M. Angel. Both parties have been fully advised of their rights and obligations arising from their marital relationship, have asked questions of their respective counsel and have received answers to said questions which are fully satisfactory to them. Each party has accepted, and is fully satisfied with, the legal services, counsel and advice rendered to each party by his or her attorney. Each party understands that the agreements and obligations assumed by the other are assumed with the express understanding and agreement that they are in full satisfaction of all rights which each of them now has or might hereafter or otherwise have in the property or estate of the other and in full satisfaction of all obligations which each of them now has or might hereafter or otherwise have toward the other. The parties acknowledge that both the legal and practical effects of this Agreement have been fully explained to them by their respective counsel.
34. Specific Performance. Either party shall have the right to compel the performance of the provisions of this Agreement by suing for specific performance in the courts where jurisdiction of the parties and subject matter exists. Both parties acknowledge that neither party has a plain, speedy or adequate legal remedy to compel compliance with the provisions of this Agreement, that neither party shall be required to repeatedly file suit for any breach of this Agreement, that this Agreement is fair and equitable to both parties and that an order of specific performance enforceable by contempt is an appropriate remedy for a breach by either party.
35. Rescission. No action to rescind this Agreement shall be brought until the party making such rescission request has first returned, or offered to return, all benefits received hereunder.
36. Terms. The terms “John” and “Mary” used herein shall refer to the parties herein whether they remain married or become unmarried.
IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this Agreement in duplicate originals, one of which is retained by each of the parties.
This the ____________ day of __________________, 1998.
Mary Jane Doe
This the ____________ day of __________________, 1998.
John Glenn Doe
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, ______________________________________________, a Notary Public in and for said County and State, do hereby certify that Mary Jane Doe, of Wake County personally appeared before me this day, and acknowledged the due execution of the foregoing Separation Agreement and Property Settlement; that the said Mary Jane Doe stated that she signed the same freely and voluntarily, without fear or compulsion of her spouse or any other person; and that she voluntarily assents thereto.
Witness my hand and seal this ______ day of ___________, 1998.
My Commission Expires:_______________________
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, ______________________________________________, a Notary Public in and for said County and State, do hereby certify that John Glenn Doe personally appeared before me this day, and acknowledged the due execution of the foregoing Separation Agreement and Property Settlement; that the said John Glenn Doe stated that he signed the same freely and voluntarily, without fear or compulsion of his spouse or any other person; and that he voluntarily assents thereto.
Witness my hand and seal this ______ day of ___________, 1998.
This document was drafted through the combined legal representation of the parties within; most of the language is complex. You can gain a better understanding of the North Carolina divorce laws that went into creating this sample separation agreement by visiting the home page and selecting any topic most relevant to your divorce. Child Custody and Child Support are not covered within this particular document.
This complaint is intended only to provide you with an example of this type of document to illustrate the other materials on this site. Use of this form as your complaint would be a mistake. This complaint contains language tailored to the situation of the parties involved and your complaint will be different. Please utilize the services of an attorney in preparing your documents.
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
JANE DOE, PLAINTIFF.
JOHN DOE, DEFENDANT.
NOW COMES Plaintiff, by and through counsel, complaining of Defendant, by alleging and saying:
Plaintiff is a citizen and resident of County, North Carolina; Plaintiff has been a resident of Wake County, North Carolina, for at least six months preceding the commencement of this action.
Defendant is a citizen and resident of the State of North Carolina.
Plaintiff and Defendant were lawfully married to each other on May 1, 1987, and lived together as husband and wife until May 10, 1997, when they separated.
There was one child born of the union and marriage of Plaintiff and Defendant, to wit: Deborah Doe, born May 1, 1989.
FIRST CLAIM FOR RELIEF
In order to avoid controversy between the parties hereto with regard to custody, visitation privileges and child support, it is in the best interest of both parties and of the said minor child that this Court make an award of custody, as well as providing for visitation privileges and child support.
Pursuant to N.C.G.S. Section 50A-3, there exist facts justifying this Court to assume jurisdiction to determine custody of the said minor child, and, pursuant to N.C.G.S. Section 50A-9, Plaintiff respectfully shows unto the Court the following required information:
The present address of the said minor child is an undisclosed location with the Plaintiff, where she reside with Plaintiff and where she has resided since June 1, 1997; and previously, the said minor child resided at with Plaintiff and Defendant 100 Main Street, Raleigh, North Carolina 27601.
Plaintiff has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the said minor child in this or any other state;
Plaintiff has no information of any custody proceeding concerning the said minor child pending in a court of this or any other state; and
Plaintiff knows of no other person not a party to these proceedings who has physical custody of the said minor child or claims to have custody or visitation rights with respect to said minor child.
Plaintiff is a fit and proper person to have the exclusive care, custody and control of the said minor child, and it is in the best interest of the said minor child that her exclusive care, custody and control be placed with Plaintiff.
SECOND CLAIM FOR RELIEF
Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First Claim for Relief as if fully set forth herein.
Plaintiff is an able-bodied person who is gainfully employed and is therefore able to contribute to the support of the minor child of the parties.
On information and belief, Defendant is an able-bodied person who is gainfully employed, and that, as the natural parent of the said minor child, Defendant owes a duty of support to the said minor child, pursuant to N.C.G.S. Section 50-13.4, and Plaintiff is in need of and entitled to receive support from Defendant for the use and benefit of the said minor child in such amounts as the Court may deem just and proper.
THIRD CLAIM FOR RELIEF
ALIMONY AND DIVORCE FROM BED AND BOARD
Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First and Second Claims for Relief as if fully set forth herein.
That Plaintiff is a dependent spouse within the meaning and provisions of North Carolina General Statutes Section 50-16.1A et seq.; that the Plaintiff is actually substantially dependent upon the Defendant for her maintenance and support; that the Plaintiff is in need of subsistence from the Defendant to maintain a home for herself and for the minor child; that the Plaintiff is without funds with which to subsist during the pendency of this action.
That the Defendant is a supporting spouse within the meaning and provisions of North Carolina General Statutes Section 50-16.1A et seq.; that the Defendant is an able-bodied man capable of gainful employment; that the Defendant should contribute to the support of the Plaintiff as well as the minor child; that the Defendant is a husband upon whom the Plaintiff is actually substantially dependent upon for maintenance and support.
More particularly, Plaintiff presently earns approximately $10,000 per year in employment; she has no expectation that her wages will increase in the near future; and she is reasonably exercising her income-earning capabilities.
Defendant presently earns in excess of $90,000 per year in employment; and Plaintiff believes his wages could increase in the future as Defendant continues to be promoted.
Plaintiff relies on Defendant’s net monthly income of approximately $6,000 to meet her reasonable needs consistent with the parties’ standard of living in the most recent years of their marriage. In addition, Plaintiff relies on the medical and dental insurance coverage for her being provided to Plaintiff through Defendant’s employer’s group insurance plan.
Except for her wages and the support Defendant is obligated to provide to Plaintiff, she has no other economic resources on which she can depend to sustain herself financially so as to adequately meet her reasonable needs.
Defendant has the financial resources to provide Plaintiff with postseparation support, and later alimony, of not less than $3,500 per month, which amount is needed to adequately meet Plaintiff’s needs.
During the course of the marriage between Plaintiff and Defendant, Defendant has offered such indignities to the person of Plaintiff so as to render her condition intolerable and her life burdensome, as follows:
In 1990 the Defendant put a gun in his mouth and threatened to kill himself in front of the Plaintiff;
In 1991 the Defendant kicked the Plaintiff in the buttocks with such force as to cause the Plaintiff pain and difficulty sitting for nearly a month;
In 1994, while Defendant was driving the car with Plaintiff in the car on North Carolina Interstate 95 the parties discussed separation. The Defendant told the Plaintiff “they will find you in a hundred pieces” if you try to leave me and take my child. The Defendant then slowed and acted as if he was looking for a spot to kill Plaintiff.
The aforementioned conduct constitutes constructive abandonment.
The aforementioned conduct constitutes cruel or barbarous treatment endangering the life of the Plaintiff.
Defendant has committed illicit sexual behavior with a female person to be named at the time of the hearing in this matter; said behavior has not been condoned by Plaintiff.
That at all times throughout the marriage, the Plaintiff has been a faithful and dutiful wife to the Defendant; that at no time during the marriage did Plaintiff commit any act of marital misconduct within the meaning and provisions of North Carolina General Statutes Section 50-16.1A; and that the aforesaid actions and conduct of the Defendant have been without adequate provocation on the part of the Plaintiff.
That Plaintiff is entitled to postseparation support and alimony.
Plaintiff is entitled to a divorce from bed and board from Defendant.
FOURTH CLAIM FOR RELIEF
Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First, Second and Third Claims for Relief as if fully set forth herein.
During the course of the marriage, the parties have acquired certain property which qualifies as “marital property” as defined by N.C.G.S. 50-20 et seq.
An unequal distribution of property in favor of Plaintiff would be fair and equitable in this case.
FIFTH CLAIM FOR RELIEF
COSTS, EXPENSES AND ATTORNEY”S FEES
Plaintiff realleges and incorporates herein by reference all of the allegations contained in the First, Second, Third and Fourth Claims for Relief as if fully set forth herein.
Plaintiff has insufficient means with which to defray the costs, expenses and counsel fees incurred as a result of this action, brought in good faith, and is therefore entitled to reasonable counsel fees pursuant to the North Carolina General Statutes.
WHEREFORE, Plaintiff prays the Court for the following relief:
That the verified Complaint of Plaintiff be allowed and taken as an affidavit upon which the Court may base all of its Orders in this case;
That the Court grant the relief prayed for in the attached COMPLAINT AND MOTION FOR DOMESTIC VIOLENCE PROTECTIVE ORDER;
That, pursuant to N.C.G.S. sections 50-13.5(d)(2) and (3), 50B-3 and 50B-7, Plaintiff be granted temporary care, custody and control of the minor child of the parties;
That Plaintiff be awarded a divorce from bed and board;
That Plaintiff be awarded prospective and retrospective postseparation support and subsistence in an amount to be determined by the Court;
That Plaintiff be awarded prospective and retrospective alimony and subsistence;
That Plaintiff be granted the exclusive care, custody and control of the said minor child.
That, pending a full hearing on the merits in the above-entitled action, Plaintiff be awarded the immediate temporary exclusive care, custody and control of the minor child;
That Defendant be ordered to pay into the office of the Clerk of Superior Court of Wake County, North Carolina, for disbursement to Plaintiff at an address to be furnished to the Clerk by Plaintiff, a reasonable amount as children support for the use and benefit of the said minor child;
That, further, Defendant be ordered to pay all of the necessary and reasonable medical, dental, orthodontic and prescription drug expenses of the said minor child to the extent that such expenses are not paid by medical insurance or otherwise;
That the Court make an equitable distribution of the marital property between Plaintiff and Defendant;
That the costs of this action, including reasonable counsel fees, be taxed against Defendant;
That Plaintiff be granted such other and further relief as the Court may deem just and proper in this case.
This the _____ day of July, 1997
The Rosen Law Firm
Lee S. Rosen
Attorneys for Plaintiff
4101 Lake Boone Trail, Suite 118
Raleigh, North Carolina 27607
STATE OF NORTH CAROLINA
COUNTY OF WAKE
Mary Doe, being first duly sworn, does depose and say that she is the Plaintiff in the above-entitled action; that she has read the foregoing document and knows the contents thereof; that the same is true of his own knowledge, except to those matters and things stated upon information and belief, and as to those she believes them to be true.
This the ____________ day of __________________, 1997.
Sworn to and subscribed before me this the _______ day of _____________, 1997.
My Commission Expires: _________________