My wife and I don’t have anything that we have purchased “together” so the only things we had to agree on is time with our daughter and how much I’m going to help her financially per month. We were told that we can type up the agreement ourselves and have all signatures notarized and that the document will be legal and binding as a separation agreement. Is this true? Being that things are fairly simple between us and we have already verbally agreed on things, we really don’t want to spend $1500 having papers drawn up. Is this the case, that we can do this ourselves? It’s my understanding that the separation papers aren’t filed with the courts anyway, correct? Please help!
You are correct. You and your wife can draft your own separation agreement; it needs to be in writing and signed by both parties in front of a notary. It does not need to be filed with the court. Feel free to look at our Sample Separation Agreement.