What do I do


#1

Hi…Do you have to be separated a calendar year or can it be a total of one year. Is a notorized document signed by two people and a witness and not brought before a lawyer considered a separation agreement? I am involved in a separation where I do not want to go to court. I had to leave because of verbal abuse. Left my children, but every month have paid a signifcant amount of child support (drawn up by husband) could I be accused of abandoment if I see my children regularly and pay income for them? It’s not that I don’t want them, I am too scared to take their father to court and he knows this. I was accused of having an affair when I havent. I went to meet someone, but no sexual activity of any kind occurred. I did kiss the gentleman goodbye. Separated spouse is disabled/has disability income/which he did not share with me that he had been approved before separation. He is living in the house and says if we divorce that my name will stay on the deed and he will have income from the house if it is sold. He says he needs a place to live since he is disabled and the children should not be uprooted from their “original home” since I left. We were separated nearly a year in 2007 and HE TOLD me to leave the home then or he would have the police escourt me out. I left to keep a scene from happening and I have never been arrested. i do not have money for legal representation. I work every day. He has also been seen out in public with women since our separation and says he feels justified. I have not went out with anyone and do not want to.


#2

You must be separated for 365 consecutive days prior to filing for divorce.
A separation agreement is a contract made between spouses relating to their property rights (and other rights incident to the marriage) and both parties’ signatures must be notorized, there is no requirement that a lawyer be involved.

There is no charge of abandonment, and if you are seeing your children and contributing to their support you have not left your children either.


#3

[quote=“Erin Clarey”]You must be separated for 365 consecutive days prior to filing for divorce.
A separation agreement is a contract made between spouses relating to their property rights (and other rights incident to the marriage) and both parties’ signatures must be notorized, there is no requirement that a lawyer be involved.

There is no charge of abandonment, and if you are seeing your children and contributing to their support you have not left your children either.[/quote]

WOULD IT BE BETTER TO “CUT MY LOSSES” THAN PUT MY CHILDREN THRU A LONG COURT BATTLE SO THAT EX CAN “PROVE A POINT” AND CAUSE HEARTACHE AND DRAMA WITHIN FAMILY AND OTHER PEOPLE’S LIVES THAT IS TOTALLY UNNECESSARY. i ALSO KNOW THAT I AM PAYING HIM WAY MORE SUPPORT MONEY THAN I HAVE TO (AND SO DOES MY FAMILY AND FRIENDS)? THANK YOU…


#4

I cannot answer the question of what is best for your children, but I can say that you should not allow your time with your children to be dictated by your spouses’ threats. You have the right to have visitation with them.