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  • 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
    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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    • #3
      Separation. Not Seperation.

      Comment


      • #4
        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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        • #5
          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 lawyer’s 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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          • #6
            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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            • #7
              Originally posted by ClearWay Law View Post
              Yeah even lawyers make spelling mistakes!
              And other lawyers repeatedly advertise on forums...

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              • #8
                I thought advertising is a no no?

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                • #9
                  Originally posted by rockscan View Post
                  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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                  • #10
                    Originally posted by Janus View Post
                    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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                    • #11
                      ClearWay Law - if you are having to troll for business then I would hazard a guess that I have been in the courtroom more times than you have.... perhaps I should change my way to "Arabian's Law"?

                      If you are a member in good standing of the bar then please state that.

                      We wouldn't want anyone reading the forum to be misled into thinking your opinion is legal advice would we?

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                      • #12
                        Originally posted by arabian View Post
                        ClearWay Law - if you are having to troll for business then I would hazard a guess that I have been in the courtroom more times than you have.... perhaps I should change my way to "Arabian's Law"?

                        If you are a member in good standing of the bar then please state that.

                        We wouldn't want anyone reading the forum to be misled into thinking your opinion is legal advice would we?
                        Definately not legal advice. It's my philosophy to encourage my lawyers to keep things out of the court whenever possible. If people in this forum doing want me to post here and share, then this will be my last post on this website. I wish you all luck in your cases.

                        Comment


                        • #13
                          Originally posted by ClearWay Law View Post
                          Definately not legal advice. It's my philosophy to encourage my lawyers to keep things out of the court whenever possible. If people in this forum doing want me to post here and share, then this will be my last post on this website. I wish you all luck in your cases.
                          I for one appreciate whatever insight you can give on some of the issues and procedural questions.

                          Comment

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