What is the next step?


#1

I confronted my husband about having an affair and other things. I’ve been suspicious and keeping my eye on him for a while. He told me to have my lawyer to draw up a legal document that is fair. I visited my lawyer back in January and he said he or I need to move out to file for divorce. My husband wants a fair agreement drawn up first and he will move out if he agrees with it. I think it would be a waste of money if he doesnt agree to what I want such as alimony. What should I do to avoid wasting money?
He so far has been very hard to deal with and very defensive.


#2

You have two options when separating: enter into a separation agreement (contract) or file an action in court. Both deal with the issues of equitable distribution, alimony/post-separation support, child custody, and child support.

Even while negotiating a separation agreement, you still have the option to use mediation, which oftentimes helps spouses to agree when they cannot on their own or with the help of their lawyers. Separation agreements tend to resolve more quickly and are less expensive than going to court.

If your husband has been hard to deal with and very defensive, you may need to consider filing an action in court. If you file in court, then a judge will hear the evidence and decide for you any issues that you and your spouse still do not agree to.

You may be able to include in your action a claim for divorce from bed and board which, among other things, ends the marital right to cohabitate. This can be useful if one of the spouses refuses to leave. There must be marital fault by the other spouse in order to ask the court for a divorce from bed and board.