Newcomer-- thanks for an invaluable online resource-- these are pre-divorce questions for me
- How far in advance can an SA be drafted, signed, and filed (I can’t be sure spouse will remain so agreeable) prior to me moving out?
- What if I’m sued, forced to litigate, and can’t afford counsel? Are there low/no cost options
(I wouldn’t represent myself in litigation unless there weren’t other options). If I have to declare bankruptcy, either before an SA or during/after divorce is final, is what I can afford to pay determined by the bankruptcy judge? If spouse frivolously/maliciously litigates (Motions, etc.)–and how difficult is this to prove–can I get my costs reimbursed (atty, court, and filing fees)? If an SA is signed, can I still be sued for divorce (exclusive of necessary Motions, Orders, etc.)
- Under what conditions can I be forced to move out, and when? If spouse mentions “unsafe Conditions” marital fault (or others, none of which are true), how difficult are these to substantiate?
- If I believe spouse might sell or divert marital property, should I get Injunctions? Are court appearances required for this (would spouse have to know)? If property is diverted, is it difficult to prove and/or undo, or do couples just consider the diverted property in ED?
- What sorts of legal forms can be drafted by spouse that affect my interests but don’t have to be signed by me , or be “public record”, i.e., Wills, Trusts, what else? Much thanks