If my wife sent me an unreasonable separation agreement, listing things such as I want 500 a month and that she can move ANYONE (exact words stated) into the home as soon as I leave…etc, with no date which to answer to this…which I refused to sign…then fires the lawyer who wrote up the agreement… then hires a new lawyer…can the new lawyer put a complaint into the court system that I am not signing the EX lawyers separation agreement and that I am not cooperating. Can the new lawyer use the old lawyers separation agreement and is not giving me time what so ever to have my attorney look at the paperwork? I am see my attorney tomorrow but I am so confused how they can take me to court over something that the new lawyer didnt even write up. Thanks for all the answers …
Sounds like you are being railroaded. Do NOT sign anything you are uncomfortable signing. A separation agreement is just that, an agreement. If you don’t EVER sign it, they can not take you to court for it.
Here’s the thing; if they can get you to sign an agreement, no matter how outrageous the requests are, you are bound by that agreement legally and there is little that you can do about it after the fact. They want you to sign before you see an attorney and find out your rights. They don’t want your attorney seeing this unreasonable separation agreement because he/she will immediately know what they are trying to do.
My husband’s separation agreement had the clause “no one of the opposite sex may be in the home overnight while the minor children are present” in order to keep his ex from having her boyfriend move in with her. They share custody. It may not be the same if you don’t have children. Your spouse may be trying to get alimony and get you to agree that cohabitation will not end alimony.
The new lawyer will do everything in their power to get you to agree to what their client asks for. But keep in mind that attorney’s make more if they go to court. That includes your own attorney…
Suit cannot be based on your refusal to sign a separation agreement, however if no agreement is in place your spouse has the right to sue you for Equitable Distribution and/or Alimony at any time after you begin living separate and apart. The suit should not be based on your disagreement with the former proposal, as settlement negotiations are not relevant or admissible in court.