Separation agreement vs court order


#1

Wife’s attorney made contact to see if husband would agree to separation agreement, if not she would file a motion for the court to do it.
Husbands name is on the deed (those questions answered by you in previous post) and her name is on the mortgage; so what she is trying to do is free herself from liability (as per her attorney) from him get him to agree to remove his name from deed. There is a 12 month DVO on him and she has contents of house/home for those 12 months. He is a dependent spouse on SS disability and is currently trying to get SSI and food stamps while waiting out this 12 months.

What are the advantages and/or disadvantages of a separation agreement vs the court doing it? There are no children involved. How can you have have a separation agreement and ED when under the DVO she already has possession of the home? Neither brought anything “into” the marriage - everything was purchased and accumulated during the 10 year marriage.


#2

The right of possession to the marital home and the personal property as granted in a protection order is a temporary measure, not permanent. To have permanent division of the marital estate, you will still need to file an Equitable Distribution claim. As far as having a separation agreement is concerned, it is better typically to have the parties work this out on their own that to have the court decide everything for them. It is much slower, more time consuming and more money to do it through the court system. You also lose all control over what happens if it ends up being decided ultimately by a judge. It is always a good idea to have a separation agreement worked out on your own if possible. You can negotiate with her attorney if there is something in the agreement that you are unsure about or uncomfortable with.