My husband and I seem to be able to come up with our own separation agreement…but with trying to keep up with separating our incomes and new expenses, it’s not feasible to come up with the quoted $1000 to have the agreement written and filed by an attorney.
Is it possible to file our own notarized document with the clerk of court or something to have it on file with the courts, as the attorney would?
Does it even need to be filed? Or is it enough to just have two copies signed and notarized and kept in each person’s posession until such time (if any) that filing does become necessary?
That’s where I get conflicting info. I’m told we can write and notarize an agreement but its only “enforceable” if drafted by a lawyer and filed with the court.
I can’t determine what’s suitable. You would think any notarize and singed document would be enforceable.
An agreement is enforceable under contract principles by filing a breach of contract action. A court order is enforceable by the contempt powers of the court. Either can be drafted by the parties without representation of a lawyer. If the expense is an issue, you should consider using Rosen Online. We can provide assistance with drafting (advice and forms) to make sure it gets done correctly for a monthly fee.
So if I wanted the agreement to be enforceable by contempt powers of the court, how or where do I file the agreement?
If you want it to be enforceable using contempt, the agreement has to be in the form of a consent order, and you have to file a complaint with the court, and have a judge sign off on the order.