Does Divorce mean a court decides?

What is the name of your state (only U.S. law)? NC
We have agreed to a divorce and are trying to handle it in an amicable manner. We sat down and agreed to how we would split everything up. Basically 50/50 with a few exceptions that we have both agreed upon.

We have a child that will graduate High School in 2.5 years and part of our agreement was to wait for a few years before selling the home we live in. The decision was made that whomever lived in the house would take over a certain amount of expenses till they move out or the house is sold. When the house sells we will both be equally responsible for any expense or income. We also own other real estate that we have agreed to rent out untill the properties sell and then split them equally as well.

I was just told that it did not matter that we had come up with these agreements. A NC Court would not allow this type of divorce agreement even though the two parties getting divorced had come up with the terms. We would be forced to agree upon the amount of equity in each house and split up the real estate before it sold. Is this true that the Court has legal guidelines that would supercede our rights to divide our property in the manner we wish?What is the name of your state (only U.S. law)?

I never heard of any such limitation.

In general, if you submit an agreement to the court, it will almost always be accepted unless it is contrary to law, neglects issues like child support, or is extremely unfair to one party.

You could always bounce it off a local attorney. In fact, it's probably not a bad idea to have an attorney review the agreement before submitting it to the court. A couple hundred dollars for an hour of the attorney's time might save you a lot of hassle down the road.

mistoffolees said:

I never heard of any such limitation.

In general, if you submit an agreement to the court, it will almost always be accepted unless it is contrary to law, neglects issues like child support, or is extremely unfair to one party.

You could always bounce it off a local attorney. In fact, it's probably not a bad idea to have an attorney review the agreement before submitting it to the court. A couple hundred dollars for an hour of the attorney's time might save you a lot of hassle down the road.

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I agree. However, you can firm it up by using percentages instead of more vague language. IE you each would be entitled to 50% of the net proceeds at the time of sale of each property etc.

Thank you for your replies. I will be consulting an attorney after the Christmas Holiday. I just could not rationalize in my mind that our Court system would take over how we split things as long as we are both in agreement.