Legal Question in Family Law in North Carolina

Do I need to retain a lawyer in order to have him draw up a separation agreement?


Asked on 7/23/12, 11:31 am

1 Answer from Attorneys

No. You and your spouse can make your own as long as it is signed by both parties and notarized its valid. There has to be full disclosure of assets and debts.

One lawyer cannot represent you both, even if you agree. If funds are very tight, I recommend that one of you pay a lawyer to draft the agreement and the other one should pay a lawyer to just review it. However, if you can afford it, you both should retain your own lawyers to make sure that the agreement is fair.

If there is real property and it needs transferred, this may be accomplished via a quitclaim deed but you should only do this after consulting an attorney. You do not want to give up any rights you have by doing things improperly.

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Answered on 7/23/12, 7:52 pm


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