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    My wife and I are about to get a final draft of our separation agreement to bring to our lawyers and hopefully sign. I want to get a divorce (it has been 1.75 since she left so uncontested). She is moving in with her boyfriend and I've been in a relationship for about a year and my girlfriend obviously would rather see me divorced and this causing some issue with my relationship. Divorce isn't something my ex and I haven't actually discussed, so my question is: should I wait until the separation agreement is accepted before I serve her with a divorce or should I tell her my intent before the separation and get it done all at once? I don't want to open a can of worms here as I've been trying to get a separation agreement in place for over a year now. Is there anything I should keep in mind? One thing I ought to mention is she is still on my health plan and (at least 1.75 years ago) she was kinda dependent on it for depression meds, birth control, and possibly of meds i may not be aware of. I imagine if and when divorced she'd be no longer eligible on my plan?

    Thanks

  • #2
    I am supposing your separation agreement covers all aspects of your business with her i.e. equalization, kids (if any), support etc. If yes, and you fear talking about divorce might tick her off, then hold off until you have the agreement signed and notarized. Once you have the agreement, you can then file it with the court and proceed with simple divorce or uncontested divorced depending on your situation.

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    • #3
      There is a time element also in play. 2 years after a divorce there is no separation agrement or 6 years after separation.

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      • #4
        stupid question here, but. After being separated for so many years would a person still need a separation agreement? Would it not be better just to go straight to the divorce and hammer everything out then??

        As for if she wuold be covered under the health plan. Always talk to your insurance provider about this. Every plan/coverage is different, with different rules on who you can cover. There is no generic answer for this that covers all plans/coverage.

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        • #5
          Thanks for the advice so far, great forum. Yes all of the equalization, support and custody agreements are take care of in the separation agreement.

          I guess I'll wait until the separation is done before I bring it up, I don't imagine there are any consequences of doing this? She can't annul the separation or want to change it can she? From what I understand it would be very difficult..

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