Seperation agreement


#1

my husband is currently deployed to Iraq. He has a mistress. I want a divorce. how do I start the process. Do we have to have a seperation agreement filed with the court. Do I have to wait until he returns home.


#2

You do not have to wait until he returns home to begin the process. If you have martial property together or if you have a claim for spousal support you must either have a separation agreement in place with regard to the same, or you must file claims for the same upon filing for divorce.

Separation agreements are not filed with the courts but are contracts between spouses and are binding an valid so long as they are signed by both parties before a Notary Public.