Reesponding to the Separation Agreement


#1

My spouse’s lawyer sent a letter requesting information that will be used to create a Separation Agreement. I suggested to my spouse that we can negotiate a suitable Separation Agreement without a significant amount of legal expense. So I am not sure I want to respond to this Separation Agreement letter.

Furthermore, in the letter a date of March 30th is set as the “Separation Date”. I would rather specify an earlier date ( Jan 1st ) when I actually last slept in the house.

Finally, the Separation Letter says the cause of the separation is “evidence of adultery”. I contest this and will not sign or respond to any document that seems to imply I have committed adultery.

Do I have to respond to this letter as it stands, or can I request changes to the letter before I respond?


#2

The letter is opening up the dialogue of negotation. If you don’t want to provide documents and would rather simply agree to terms, you need to respond to the letter and tell the attorney that. If you don’t agree to the stated separation date, you need to respond to the letter and explain why. If you won’t agree to sign a separation agreement that states the separation is due to adultery, you need to respond to the letter and state as such. Failure to respond to the letter could cause the attorney to believe court action is necessary to resolve the issues.