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

March 22, 2017
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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!

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