Q: Do I need alimony and distribution agreement completed before starting the divorce process in Meck County NC?
We have an agreement that just needs to be signed/notarized. I am able and want to start the divorce paperwork process, but want to incorporate this agreement with the divorce. Do I need to submit this agreement with the divorce paperwork or can this still be legal separately, as long as it is signed and notarized? (like a contract between us). Can that agreement be counted on future tax returns even though it is not court ordered?
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A: If it isn't signed and notarized then it is not an agreement yet. When it gets signed and notarized, yes, you will need to submit it with your divorce paperwork if you want it incorporated. If you do not submit it with the divorce paperwork it may still be a mere contract (assuming the agreement is valid). As to future tax returns - your separation agreement really has no meaningful bearing on that, whether it is incorporated or not with the notable exception of who may be allowed to claim defendants but even that can be determined without an agreement. It really sounds like you do not know what you are doing - that can be a problem for your separation agreement because it isn't always what you put in it that may be a problem, it often is what you left out because you had no idea it needed to be in there. And if you mishandle the divorce, that can have disastrous consequences. You best bet would be to simply hire an attorney to do everything for you properly and it does not have to be terribly expensive - our firm does separation agreements for a flat rate fee of $250 and uncontested divorces for a flat rate fee of $395. Best of luck!
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