Legal Question in Family Law in South Carolina
spousal separation
My wife wrote me a letter telling that she is planning to leave me. She also stated in this letter that she does not want any part of the house. All she wants is her car,personal belongings,and half the cash we have between us,and she does not want alimony.We have no bills and no children.What do I need to do to make this letter she wrote me a legal contract so that she can't burn me in court through a divorce.Do I need a lawyer or can these papers just be notarized to be made legal?
2 Answers from Attorneys
Re: spousal separation
You will have to go to court for an order before anything will be binding. I strongly suggest you retain an attorney. The letter cannot be made legally binding by having it notarized.
Re: spousal separation
Unless you handle this the correct way, you will not have any type of "agreement" that is enforcable.
If you believe that your wife is sincere about her settlement offer, then you should move quickly to hire an experienced family law attorney to draft a formal agreement for you both to sign.
Otherwise, your desire to save money now will almost certainly come back to haunt you later when she changes her mind. I have seen it happen too many times before.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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