Do I have to have the Separation Agreement?


#1

Hi,

Thanks in advance for you great help.

My STBX and I agreed not to take anything to court except the divorce, so we agreed not to have any separation agreement. In the court day of the divorce, will the judge ask us that we have to have one? is it an obligated document to have, and without the judge won’t issue a divorce? Also is it a very important to have if my STBX and I are in good terms? We just want the divorce to go without any pain, and I hate to generate any trouble between us, so we can keep a good relation for the sake of our beautiful daughter.

Thanks a lot again.


#2

You don’t need to go to court to get a separation agreement. That can even be done on your own (see rosen.com for details), or you can create one together with a mediating attorney. I would suggest getting a separation agreement in place that outlines custody, support, alimony (if any) and asset division (how you want to divide up your stuff). It can save you a lot of heartache later on. Things may be good now but you never know what the state of your relationship will be like later.


#3

If you have martial property which needs to be divided I recommend that you and your spouse do execute a Separation Agreement dealing with those issues. If you have no property to divide and neither of you is seeking support from the other you do not need to enter into a Separation Agreement


#4

if we have property, and we went to court without the agreement, will the judge ask us to make one ?


#5

If there is marital property to divide and it has not been done prior to the divorce, the judge will caution you that once the divorce is granted you will lose the right to seek the aid of the court in dividing your martial property via equitable distribution.

While there is no statute that prevents a divorce from being granted absent an agreement on property and without claims pending for the same, I have seen a judge postpone the divorce action pending the parties either settling their property issues or filing a claim.