Seperation agreement impossible, what is the next step?


weve been to two different settlement confrences represented by counsel and are unable to come to terms on a seperation agreement. Neither of us can afford to pay the huge retainers lawyers require to go to court. I know I can go thru CSE to enforce child support and may explore that option. Both of our lawyers have advised us not to “abandon” the marital home. I have a part time job but dont make enough to cover the costs of childcare during the summer break from school. Husband is still paying mortgage/utitlites but I have to deplete what little bit of savings we have to pay childcare/gas/groceries/other bills. I’m running out of money. Husband closed our joint account of course.

My lawyer has mentioned filing for a “sequesteration of the marital residence” and/or filing for divorce from bed/board on the grounds that life is burdensome b/c he’s financially not providing for us. (i’m not sure that arguement would even stick)

husband makes b/w 50-60k per year (40k salary, 10-20k self employeed) I obtained a job shortly after he told me he was planning to leave (was a sahm for 4 years) and am making 12k per year.

i’m asking for 400 a month in alimony and am using the calculator for child suport guidelines. can i file for spousal support and or child support before he moves out? what if anything can i file on my own (with the aid of diyonline program thru rosen) prior to the date of seperation?

if my only option is to leave the home can I use our savings account to establish residence elsewhere? How will that money be accounted for in equittable distrubution?


You can file for child custody and support before you move out, but you have to wait until separation to file for PSS/alimony and ED.

You can use the money from your savings account, but you will have to account for it at ED.

Alimony is hard to calculate, but $400 might be a little low for alimony. Check out our alimony calculator here:

You also mentioned Rosen Online. You may find more information about Rosen Online here: