Separation agreement


#1

Been separated since Jan 23 2011, filed a lawsuit for alimony & ED first court date was feb 2012 second was April 2012 both times were continued due to his unemployment. Waiting for the third date to come up. Filed and recieved my divorce May 25,2012. We not getting anywhere with either of our attorneys as far as trying to settle this out of court. His attorney relayed after lawsuit was filed that his side wanted to settle before case came up. I have asked my attorney several times to contact his attorney regarding this.My question even though I have a case pending for alimony & ED , can ex and I agree on a separation agreement ourselves without attorneys and write it up ourselves before the next court date or do we have to stay in this deadlock with the attorneys? I do not want anything from him except for him to quitclaim the house, not asking for alimony or half of 401 k, which I think is fair , married 30 years, he made more than me and he committed adultry while still in home,also have video of meet up while still in home . I have a good case in court I think but just want this over and done with.


#2

NOT AN ATTORNEY

My understanding is that at any point during the process, both of you can reach agreement and create a separation agreement or memorandum of agreement to be presented at your next court date. (In fact, I think the judge would appreciate it.) I would suggest that you get any agreement reviewed by an attorney just to make sure that it’s well-formed legally and doesn’t leave you open to any liabilities.

(FWIW, I know you want all of this over, but can you make it on your own carrying the full house payment? It is not uncommon for parties to ask for continuances and make delay tactics in order to force the opposite party to give up on any rights they might have. Just make sure that you can support yourself now and in the future.)


#3

Certainly, if you two can agree then just let the attorneys know, and have one of them write it up.