Rights


#1

My husband is currently deployed, can I use the day he left as the official date of seperation, even though he has not agreed to that date. do we need a seperation agrrement to start our divorce proceeding, can we do a seperation agreement while he is in Iraq and what has to happen to make it a binding agreement.


#2

The date of separation is the date you began living separate and apart with at least one of you having the intention to remain separate and apart permanently.

You do not need a separation agreement to start your divorce proceeding, however if there are property issues and/or alimony issues you must either have a separation agreement signed prior to entry of divorce, or file claims with the court for equitable distribution and alimony. If you have not settled those issues prior to the entry of a divorce judgement you will lose your rights to have the court rule on those issues if claims are not pending at the time of the divorce.

You may have a separation agreement drafted and executed while your husband is in Iraq, so long as it is signed by each of you with your signatures notarized it is a valid, binding contract.