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Old 08-26-2005, 07:36 PM
romelle romelle is offline
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I have decided to take divorce. My spouse is also ready for it as both of us are just fed with all this. From last few months there were lots of disputes between us. As both of us are ready to divorce and we have made all other settlements too i wanna know if it's necessary to file a Marital Separation Agreement with the court?
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Old 08-26-2005, 07:40 PM
jamie jamie is offline
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Wink reply to is it necessary to file the agreement with the court
Well, iniatially, the Marital Separation agreement, that is, divorce, is still being ruled; it is not necesary for you to file a marital Agreement with the Court to make it effective. So, When you start the divorce proceedings, you will, mostly everywhere, need the Marital Separation Agreement to be attached to the complaint and ask the judge to add, but not incorporate, the Agreement into the final judicial decree (Divorce certificate and its annexes).
If the Marital Separation Agreement is incorporated into the decree, it becomes a court order see??
If you don't incorporate it into the decree, it simply becomes a contract between you and your spouse, which you later have to sue in a separate action to enforce if ever this is needed.
IF the separation agreement is not incorporated into the divorce decree, and IF your ex-spouse disobeys the agreement you can sue him damages for the violation of the agreement!!

It is easier and safer for both parties to have the agreement incorporated into the divorce decree...

Last edited by Jen23 : 06-13-2006 at 11:59 AM.
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Old 10-16-2005, 03:40 AM
Manna Manna is offline
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Thumbs up RE:Is it necessary to file Marital seperation agreement with the court?
Hmmm...great piece of information dude.
I think this will clear all confusions of romelle. I too want divorce. Could u tell me jemmie that how does one file divorce papers in court? i wanna to know exact procedure.
If u have any information plzz help me.
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Old 06-13-2006, 11:55 AM
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Black_eyes Black_eyes is offline
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it is not necessary for you to include the marriage separation agreement in the divorce lawsuit. but you can "attach" it as proof of date of separation, decisions taken pertaining to the divorce issues.

in short, the agreement will only act as a contract made between your spouse and yourself but if you include it in your lawsuit, the court will have the power to enforce the statements in the agreement (and this could create a problem if your spouse/you wish to alter these statements afterwards).

enforcing the marital separation agreement can be filed with the court separately.

however seeking damages when the agreement is not included in the lawsuit becomes more difficult, but not impossible!
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