Different counties and separation/divorce


#1

My ex and I are signing our separation agreement today and getting it notarized. He lives in a neighboring county. Where do I file these papers? When I start the divorce proceeding…where do I file those papers?
Also, I learned on this website that if he lives in a different county that I have to get the Sheriff to serve those papers to him. I guess that means the Sheriff of the county HE lives in? I just want to make sure I do all this correctly so I can get this divorce ASAP.
Thanks for any info!


#2

You don’t file the separation agreement. This is a document between you and your STBX. Keep a copy of it. It is still a legally binding agreement. It’s NOT a court order, so the courts don’t need a copy.

You have to wait 1 year and 1 day from date of separation before you can file for divorce. Plan on 90 days from service of papers to be legally divorced (each party has 30 days to respond to any served papers, then you have the court date) . It may be less days…it may be more.


#3

A separation agreement is not filed with the courts, and is merely retained by the parties.
With respect to the divorce you may file in EITHER the county you live in, or where your soon to be ex does. You do not have to serve him via Sheriff and can do so via Certified Mail. If however, you chose Sherriff’s service it will need to go to the Sheriff’s department in your husband’s county.


#4

Thank You! I knew the sep. agreement didn’t have to be filed,but thought that it might be a good idea. I won’t bother now…