Complaint for Divorce


#1

My husband and I have been separated for over a year. I received his complaint for divorce on 03/10/12. We are agreeable to everything but we don’t have a separation agreement in place. Can we still do that?

We have a house that is in both of our names. However, I will keep the house and pay the mortgage. I am going to suggest a quit claim deed. He will keep the car that is joint and be responsible for payment. I am going to suggest that we both refinance the aforemetioned debt within one year.

My car was financed after we separated and is only in my name. The remaining debt that we have is separate and I guess that means we will be responsible for that individually??

We have one child that will reside with me and I will have sole custody. We decide what is best for visitation.

We have some more specifics but these are the most important.

Do I have to file the separation agreement with the court and have it incorpated into the divorce before it is final? Is there anything else to be aware of?


#2

It is my understanding that claims for equitable distribution and alimony be made before the divorce is granted. If the divorce is finalized and there is no claim for ED or Alimony, then they cannot be entered once the divorce is final and you would lose the ability to enter them. They do not need to be finalized; but they need to be entered. You have 30 days to respond to the complaint for divorce, but you can also ask for a 30 day extension of time to respond which is automatically granted. So if there are assets that need dividing, or you feel that you are due any alimony, you would need to get that started before the divorce is final.

Whether or not you do a separation agreement, it doesn’t need to be incorporated into the divorce. But if the agreement contains clauses for equitable distribution or alimony then it must be done before the divorce. if it is not incorporated into the divorce then it is in effect a contract between two parties.

Please note that I am not an attorney :slight_smile:

Good luck,

RH


#3

Just to be clear, the 30 day time frame is calendar days, correct? So that means, if day 30 falls on a Sunday, I would need to file an answer on Day 28? Also, when I go to the court to request an extension, is it granted right then and will I have to notify my spouse or will he be notified by the court?


#4

It is best to reduce the agreement to writing, but there is no need to incorporate it into a court order.