Hi, Wife and I want to limit the $$ paid to lawyers and we want to start separation p[process with a very basic separation agreement. I say DIY since we are on the precipice of this getting ugly and my insisting on getting this blessed by a lawyer would start us down that path. The agreement is actually simple and something that we both agree on, except that she wants the statement added "We are not ending our marriage and will be participating in marriage counseling. We are not entering into a legal separation." Question: Does this statement in anyway hurt my position or could it come back to haunt me after I file for divorce in a year? Wife wants this because she is embarrassed and wants to be able to tell family she tried to fix things. I don't want to sign this but have moved out and am wondering if I'm now exposed by not having a signed agreement. Thank you.
Of course it is always better to have a lawyer draw up any agreements or at least let a lawyer review and advise you before you sign anything. Even with seemingly simply agreements, I cannot tell you how many times I have had clients get themselves into trouble by signing agreements that waived their rights or did not protect them from liability because they did not ask me first. Then they think a lawyer will be able to get them out of it, but that is almost impossible.
As for the statement your wife wants you to sign, it will probably not stop you from being able to divorce her after the required separation period, as long as you can prove by other means that you are in fact separated despite what the agreement says. But you do have to show that your intent is to be separated, as well as that you are actually physically separated. The contract might negate you saying it was your intent to be separated. But maybe you weren't separated on the date you signed the agreement, but you were the next day, then you can go with that. In any event, you will need a witness to corroborate your date of separation, so think about who will be your witness and how they will verify your separation date.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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