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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-30-2019, 04:56 PM
walhalla walhalla is offline
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Default Seperation agreement

I have been living seperate from my wife for a while but have not completed a seperation agreement. Which I believe needs to be done a year before being able to file for divorce

What are the steps and what does the seperation agreement need to include and who all needs to sign it

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  #2  
Old 07-01-2019, 09:53 AM
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Originally Posted by walhalla View Post
I have been living seperate from my wife for a while but have not completed a seperation agreement. Which I believe needs to be done a year before being able to file for divorce
You have to be separated for a year.

You do not need to have had a formal separation agreement for a year.

Generally, if you have been separated for a year, you can get divorced in about a month. There is nothing special about a divorce though aside from letting you get remarried.

Do you have kids? What kind of support do you pay/receive? That affects how specific your agreement needs to be. In theory, there are no requirements at all beyond the two of you signing it. In practical terms though, depending on your situation, more precautions might be appropriate.
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Old 07-01-2019, 09:43 PM
Karma2016 Karma2016 is offline
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Separation. Not Seperation.
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Old 07-01-2019, 09:52 PM
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Originally Posted by Karma2016 View Post
Separation. Not Seperation.
If I make a spelling mistake, feel free to go after me. I'm pedantic and confrontational, I deserve to be nitpicked as much as possible.

Attacking the spelling of a new poster who asked an extremely neutral question? Completely uncool.
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Old 07-08-2019, 02:07 PM
ClearWay Law ClearWay Law is offline
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A separation agreement is a formal contract between the two spouses and it must be professionally drafted. If the agreement is not created properly or if it is deemed unfair to one of the spouses, it may be deemed void by a family judge.

If it is not fair to children it is almost certain that it will not be upheld. It is also important that both parties understand the contract and enter it willingly.

Once one of the spouses receives the separation agreement from the other lawyer, it is important that they get their own family lawyer to go over the agreement with them. This is called independent legal advice and it will be covered in another post. A lawyers loyalty can only be to one client, not to both sides.

It is important to note that a divorce agreement is the same thing as a separation agreement.

https://clearwaylaw.com/what-is-a-separation-agreement/
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Old 07-08-2019, 02:08 PM
ClearWay Law ClearWay Law is offline
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Originally Posted by Janus View Post
If I make a spelling mistake, feel free to go after me. I'm pedantic and confrontational, I deserve to be nitpicked as much as possible.

Attacking the spelling of a new poster who asked an extremely neutral question? Completely uncool.
Yeah even lawyers make spelling mistakes!
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Old 07-08-2019, 02:29 PM
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Yeah even lawyers make spelling mistakes!
And other lawyers repeatedly advertise on forums...
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Old 07-08-2019, 02:42 PM
rockscan rockscan is offline
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I thought advertising is a no no?
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Old 07-08-2019, 02:44 PM
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I thought advertising is a no no?
In case his username is not enough, he likes to link to his website

Better than the other guy who just necro'ed some threads, which is why I'm being (for me) relatively polite...
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Old 07-08-2019, 05:47 PM
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And other lawyers repeatedly advertise on forums...
Just trying to be helpful. I have a lot of family law knowledge and I would love to share it.
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