New Bern, NC asked in Family Law and Domestic Violence for North Carolina

Q: If a property settlement was done when separation papers were signed but no divorce ever happened and they reconciled

Reconciled in 99, 2 years after he's spending nights with another woman. I've been back in the home I signed over to him for 10 year's. He has always cheated but now he's being mentally abusing to me, and our 15 year old granddaughter that lives with us and has since she was 3. I left because of another woman......i refuse to leave now for the same reason. He falsely accuses me of doing what he does.

What recourse do I have now???

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2 Lawyer Answers
Amanda Bowden Johnson
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  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If your separation agreement and property settlement agreement were properly drafted and executed, there should be a clause that addresses what happens in the event of reconciliation. Typically that clause will state that the agreement shall remain in effect. If so, you should still have the same deal you both agreed to as when you first separated. Your best bet is to consult with a local family law attorney who can review the documents and your current situation in detail and lay out your options for you. Best of luck.

Angela L. Haas
Angela L. Haas
  • Raleigh, NC
  • Licensed in North Carolina

A: It really depends on the language of the Separation Agreement. It may be possible for you to get a Divorce From Bed and Board, which would require him to leave the house. Consult with a local family law attorney about all of the specifics in your case, to come up with the best plan of action.

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