(For a printable version, click here.) We are having serious marital problems. When a husband and wife face serious marital problems, they often have difficult legal questions that must be answered. The couple should first try to resolve their differences with the help of a neutral third party such as a minister or a marriage counselor. Lawyers are bound by the Rules of Professional Conduct which prohibit representing both sides in an adversarial — or potentially adversarial — situation.
This brochure offers some suggestions and general rules of North Carolina law. If you are not able to resolve marital problems, CONSULT A LAWYER before you or your spouse leaves the marital home. Can we be separated and continue to live in the same house? In order to be separated, the husband and wife must reside at different residences.
Husband shall have the following rights of title and ownership in the family residence: _____________________________________________________________________________ _____________________________________________________________________________1) Husband agrees to pay and assume all responsibility for the following debts: _____________________________________________________________________________ _____________________________________________________________________________2) Wife agrees to pay and assume all responsibility for the following debts: _____________________________________________________________________________ _____________________________________________________________________________Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt or liability.
Husband and Wife agree that each shall be individually responsible for all debts that he or she acquires subsequent to the date of this agreement. The custodial parent shall have the sole right to claim as a dependent for state and federal income tax purposes any child over which he or she has custody.
Moreover, the NH's wife was continuously domiciled in South Carolina at the time of the divorce proceedings. The records show that Lallie S~ received a mother's benefit based on her deceased husband's record from the time of his death until December, 1977.
You have requested our opinion as to whether a divorce obtained in the Dominican Republic is valid in the State of South Carolina. Upon her subsequent marriage to Paul S~ the benefits ceased.
Most courts will require a marital settlement agreement filed in conjunction with a COMPLAINT FOR DIVORCE within the State of South Carolina.
Additionally, section 20-3-430 provides: Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this State within twelve months prior to the commencement of the proceedings therefore and resumed residence in this State within eighteen months after the date of his departure therefrom or (b) at all times after his departure from this State and until his return maintained a place of residence within this State shall be prima facie evidence that the person was domiciled in this State when the divorce proceeding was commenced. Very truly yours, Mary Ann S~Regional Chief Counsel Joseph P. The divorce was not genuinely contested before the state court by parties with opposing interests and the resolution of the divorce case by the state trial court is not consistent with the law enunciated by the highest court in the state.(S~ R. - SSN ~ - RAIV [A~] - to ARC, Progs., Atl., 07/03/86)In your memorandum of March 28, 1986, you requested that this office render a legal opinion concerning the validity of the divorce decree issued by the Circuit Court of Richland County, South Carolina, involving Lallie H~ and Aaron Ms.I have numerous health issues, so, I felt this was the best route to take. My husband and I have been married for 3 years and are settled in Illinois.With the passage of time, our rapport with each other reduced drastically and were no longer happy in the marriage.How can we make a separation contract complying with all legal formalities? As we do not get along well, we have decided to live separately.However, we do not want to file for a divorce but we would like to file a separation agreement. Two years ago, my husband and I planned to separate, and, had a separation agreement which was recorded at the courthouse.