General Points of Discussion When Working With Your Divorce Lawyer on Separating Agreements

March 22, 2017
So you and your spouse separate, you will need to draw up a separation agreement. Some states recognize a legal separation, some don’t. If your state acknowledges a legal separation, your divorce lawyer in Illinois or Missouri or court clerk will be able to guide you and help you set up an arrangement. If your state does not recognize a legal separation, you will need your lawyer to file a request for an interim order. The legal separation arrangement is put in place to protect all parties to the divorce within the event you separate, and the divorce is concluded.

Understand that a provisional order or separation agreement can and most of the time does affect the final divorce settlement agreement. Do not conform to anything in the separation agreement unless you feel you can live with it once the divorce is concluded.

During the bargaining phase of your divorce you and your spouse end up in court a judge is inclined to use your separation agreement as a guideline when creating his/her decision about your final agreement. Secure that your separation agreement is as close as possible to what you hope to walk away with. 

Frequently the original petition of divorce is filed ahead a separation agreement. It all depends on what state you file in and that state’s laws for civil procedure. If filing your petition comes first or later, it will ultimately happen, and there are points you want to know about how it is finished and everything it holds. If you file the original petition, the divorce procedure begins once a summons is served against your spouse. Depending on whatever state you live in your spouse will have a specific number of days to answer to the summons for divorce. Once there is an answer, the ball starts moving.

The original petition that you file will concisely state the grounds upon which the divorce is attempted and a short outline of what you are trying for in the divorce. The judge who will present the petition is not affected by how you feel about the divorce or whatever mistakes you feel your spouse has made. Hold it short and to the point!

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

ATTORNEY ADVERTISING DISCLAIMER: The Besserman Law Office has provided the materials on this website for informational purposes only, and does not constitute legal advice. The use of this site does not create an attorney-client relationship. Additionally, e-mail or other communication with our attorneys through this site should not be considered confidential or privileged. As each case and set of facts is unique, this website is not intended to be a substitute for specific legal advice from a qualified legal professional. Also, although this site discusses injuries and medical issues, it does not intend to offer medical advice. Any questions as to the treatment of your injuries must be directed to a licensed physician. Not every client obtains a monetary recovery, and the recovery in each case depends on the particular facts and circumstances. Recovery cannot be guaranteed. Neither the Supreme Court of Illinois or Supreme Court of Missouri nor The Illinois Bar or Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This is Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Co-counsel may be used, or referral made depending upon the nature of the injury and the jurisdiction. Call Besserman Law Office at (618) 656-2122 for your legal consultation or save time with our online contact form.
envelope Call Now!