Can I present an agreement before the 1-year separation and file with the divorce?
To answer your initial question, most divorce cases are settled. Therefore, it's common to file all the necessary documents, including the marital settlement agreement, as part of the initial filing.
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Marital Settlement Agreement
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Can I make an agreement and present it to my husband ahead of the 1 year separation date and then just file it at the same time as divorce?
Lexi, Chatbot
I understand you're looking to make an agreement with your husband before the separation date. Have you both discussed this possibility together?
He wants to involve our attorneys so he wants me to send it to his lawyer.
Lexi, Chatbot
Are there any specific terms or conditions you are considering including in this agreement?
I already wrote it and it includes half his 401 K and him agreeing to private school instead of child support.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your agreement.
And alimony for two years but I'm okay with it being one year.
Attorney/Professor
Hello! I'm Attorney/Professor, a Family Law expert here to help you navigate your agreement and divorce process. If you have any more questions or need further assistance, feel free to ask!
Okay, I was wondering if you can see my agreement I made.
Attorney/Professor
Please note that document review is a premium service that would need to be requested through customer care since the chat is for general issues and questions. The fees vary depending on how much work is required. I apologize for any inconvenience this may cause.
Okay, I can ask general questions. Can I send the agreement to my husband and his attorney now ahead of the 1 year separation agreement?
Attorney/Professor
To answer your initial question, most divorce cases are settled. Therefore, it's common to file all the necessary documents, including the marital settlement agreement, as part of the initial filing.
May 11, 2024 is when he left and did not return to live.
Attorney/Professor
Oh okay.
And I don't want to put "irreconcilable differences" in case he takes it to trial. He has a lot of money to spend and is the one who would be paying.
Attorney/Professor
There's no trial if there's a signed agreement.
Okay, but wouldn't it be a mistake if I put irreconcilable differences and really I have grounds for divorce even though it is mutual. Mutual that we want a divorce I mean.
Attorney/Professor
I believe that if you include grounds for a divorce, it may lead to a lack of agreement.
Okay, I see. I have to think about this. How long does alimony last usually? It was almost a 13 year marriage before he left. 9/10/11-5/11/24 and then we were working on the marriage a bit till about September/October.
Attorney/Professor
There's no magical number. It depends on the specific facts of the case.
Oh okay. Is 1 to 2 years okay when just one minor involved - He is 13.
Attorney/Professor
Please feel free to ask follow-up questions to clarify any responses to your original question within this thread. If you have new topics or issues to discuss, kindly create a new question thread. I apologize for any inconvenience.
Okay, so basically I can send the agreement to his lawyer now even though I cannot file till May?
Attorney/Professor
Correct. There's no rule that would prohibit it.
Alright. I will start a new thread to ask more specific questions.
Attorney/Professor
Absolutely. Thanks for understanding. I will proceed to close this thread, but I'm always here to help with your future inquiries.
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Answered 4 days ago
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