I am currently working in Afghanistan as a contractor and I am looking to file for divorce. I have been over here since October 2010 and I will continue to be overseas till October 2011. Can the separation agreement be dated back to October 2010 so that in 2011 the divorce can be finalized? Does my income that I have made over here factor into the ED if the separation agreement is back dated to the date that I left the home? Also is there a way to file the separation agreement while I am still overseas? I am looking to not drag out this process any longer than it needs to be and so the more I can get done now the better it will be. Also, there isn’t much in terms of ED so if we can agree on how on our own how to separate the marital assets then do we need to go before a judge or can that be something that we can do on our own? Thank you so much for the help.
The separation agreement will not be back dated, it should be dated as of the date it is signed, however it should state the date of separation as such in the recital portion of the agreement.
Any money you have earned and saved after the date of separation is your separate property and is not accounted for in ED.
If the two of you can agree on a disposition of assets you may enter into a separation agreement which is a contract between the two of you and does not involve the courts.
Would the separation agreement be something that I can sign while I am overseas and then have him sign in the states? And does it need to be written up by an attorney or can it be something that we write up ourselves?
Also I was wondering does there have to be a separation agreement or can I just file for divorce if we can agree on how to divide the assets?
A separation agreement can be signed while you are out of the country, but you must sign it before a notary public. You should have a separation agreement in place before filing for divorce.
If my STBX refuses to sign the separation agreement am I still responsible for paying his bills? I know that if there are joint accounts then I do still have to pay them, but if they are not joint accounts can I get in trouble if I stop paying them?
No.