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more financial questions for divorce/separation

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djohnson99

Junior Member
What is the name of your state? New Jersy

I posted before but my status has changed in the last few hours. My wife and I have been married for 4 months and we have decided to temporarily split up for a few months but still give it a chance. After a few months if it doesn't work we'll get a divorce. She'll move out in the next couple of weeks and I remain in my parents house where we now are living.
Basically here's the financial situation: I came into the marriage with 30k, she came in with like 500. We have added a couple of grand since then.
We talked tonight and she agreed to split the money into separate accounts: she gets 6k in her account and I get the rest 26k. And from this point our paychecks go into our separate accounts and we pay our own rents and bills from the separate accounts. I am very glad for this BUT...

...should I also ask her to sign some sort of paper that states that we came to this agreement mutually and that if we get divorced she won't want any more money? Is there such a thing/form? Is it enough for the courts to see that we separated the accounts and we paid our own bills? I basically don't want her to come back later when we get a divorce and say I want 15k more now that I know we're getting divorced.

Thank you so much, in advance, for your help...
 


LdiJ

Senior Member
djohnson99 said:
What is the name of your state? New Jersy

I posted before but my status has changed in the last few hours. My wife and I have been married for 4 months and we have decided to temporarily split up for a few months but still give it a chance. After a few months if it doesn't work we'll get a divorce. She'll move out in the next couple of weeks and I remain in my parents house where we now are living.
Basically here's the financial situation: I came into the marriage with 30k, she came in with like 500. We have added a couple of grand since then.
We talked tonight and she agreed to split the money into separate accounts: she gets 6k in her account and I get the rest 26k. And from this point our paychecks go into our separate accounts and we pay our own rents and bills from the separate accounts. I am very glad for this BUT...

...should I also ask her to sign some sort of paper that states that we came to this agreement mutually and that if we get divorced she won't want any more money? Is there such a thing/form? Is it enough for the courts to see that we separated the accounts and we paid our own bills? I basically don't want her to come back later when we get a divorce and say I want 15k more now that I know we're getting divorced.

Thank you so much, in advance, for your help...
Yes, I do think that you should write up an agreement, and get it signed and notarized. While often notarized agreements are worthless...when they are about financial settlements they can be binding, as contracts.

Plus, to be quite honest, I doubt that she would attempt to back out....she is leaving the marriage with considerably more than she had going in.
 

djohnson99

Junior Member
Thanks a lot for the comment. You guys are of great help. Is there a specific form that you fill for something like this? Or is it just something that you write up as a letter and sign and notarize? Should a lawayer be involved in this even though we agree on everything?
 

LdiJ

Senior Member
djohnson99 said:
Thanks a lot for the comment. You guys are of great help. Is there a specific form that you fill for something like this? Or is it just something that you write up as a letter and sign and notarize? Should a lawayer be involved in this even though we agree on everything?
Its always best to have an attorney draw up these things. However, if you don't, then it needs to be put in the form of a contract, rather than a letter or filling out a form.
 

djohnson99

Junior Member
Last question...I promisse :)

Can we both go to the same lawyer to have it drawn out, given that we totally agree what needs to be done and there doesn't seem to be any contention or argument?
 

LdiJ

Senior Member
djohnson99 said:
Last question...I promisse :)

Can we both go to the same lawyer to have it drawn out, given that we totally agree what needs to be done and there doesn't seem to be any contention or argument?
Yes, you can do that, but the attorney cannot represent both of you. The attorney can only represent one of you.
 

Zephyr

Senior Member
if you guys are sincere in your attempt to try to make the marriage work, probably the biggest thing that will help will be not living with anyone else, ie your parents.
 

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