Separation papers?? Need Lawyer???
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| Fri, 07-20-2007 - 10:43pm |
Our story is not a Horrific one - as far as the facts of our amicicable relationship at this point. (sad that we are not staying married - as it was our intention in the begining, but we are ok) We are living in the same house for the time being, until our house sells. (taking turns on the sofa) Which we have not put on the market yet. That should come soon. After we put a new roof on. (Should be able to do that next weekend) - anyway...
Our kids are 17, 18 and 20. Oldest Son is planning on moving in with friends and has planned that since before we told them we are separating (2 1/2 wks ago). Our 18 yr old son is going to move with Dad - he will start community college this fall. Our 17 yr daughter will move with me, she graduates high school in '08.
We don't have any assets (other than the house) outside the usual cars, and household items. We don't have any cash in the bank - and we both have relatively new 401K's - so neither of us is interested in the other's pensions.
whew...
My question is.... I found (after searching and searching) a couple of sample separation papers - from States other than my own. In my state we have to prove that we were separated for at least 1 yr prior to filing for an uncontested no fault divorce. So - with that said -
has anyone here ever had separation papers written up, signed, witnessed, and notarized and then at the end of the year - prove the separation - utilities and residency documents - and then filed for divorce at that time - and only used the lawyer for the actual divorce and not the separation.
If so or if not - any advice would be VERY much appreciated. We are very limited on cash and if I can do this without an attorney to start - I would prefer it. (Any lawyers in the house - anonymously of course.)
I want to be smart about it and spend as little money as possible.
Thank you for anything you have to offer!

In a word, Yes.
In our state there is a one year waiting period also.
At a minimum what I have heard recommended is -- draft the papers, but have an attorney review them (not write them up, necessarily) before you sign them. Then when the year is up the attorneys can draw up the affadavits necessary to petition the court for divorce. I think you might need the attorneys for that last step.
Good Luck!
M
Thanks,
that is exactly what I was hoping to do. I finally found a couple of sample separation papers to use as guides, and I did a search in these discussion boards to find messages that included sparation and weeded through a few of them to get some direction and thoughts.
We are considerring ourselves separted, but living under the same roof. I have heard mixed messages about that - being considerred actualy separted at the end of the - does it include this time in separate beds or not?? I guess in a year we'll find out.
My H doesn't understand why I have looked into living options, and the separation papers... knowing that our plan is to stay in the house until it sells - probably no earlier than October or November if we find a buyer soon. I explained that I feel it is good to be prepared, so I know whad kind of budget I am going to need to handle, and so that when the house does sell and we are dealing with insurance crap and the other sale of the house crap - we will already have our agreement ready to be signed and poof.. its done... I can move on and have as little to do with that crap for a while. I can't wait... I simply can't wait to get a good nights sleep. I think I am going to take a day off when I move into my apt. and sleep in - if that is possible. :^)
If anyone has advice or thoughts that could help, I'd truly appreciate them!
S