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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32773
Experience:  16 yrs. of experience including family law.
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I have a signed seperation paper which states that she will

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I have a signed seperation paper which states that she will get 9000.00 dollars, can my wife ask for more at a later time.
Submitted: 6 years ago.
Category: Family Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist...can you give some context this a marital separation agreement? Have you been to court yet? If so, where are you at in the process. Are you pending divorce?
Customer: replied 6 years ago.
We decided to do a Marital no contest seperation and divorce, in Richmond VA. We are supposed to turn in the signed paperwork on Jan 10 that is the six months that we have been seperated. She agreed to the 9000.00 it is in the agreement she has now asked me for 40,000.00 none of the 40,000.00 is on paper.
Expert:  P. Simmons replied 6 years ago.
Got it


A few more please

1. Does she now have a lawyer (or do you know)?

2. This signed agreement...this was negotiated by the two of you? How long ago?
Customer: replied 6 years ago.
She does not have a lawyer. we negotiated the agreement together right down to things in the house. it was done one month ago and signed last week. I went into the hospital and she went by the house and let the dog out went throught my papers and found out how much i have in investments which came from my fathers life insurance policy which she signed off rights to in the areement.
Expert:  P. Simmons replied 6 years ago.
Got it. Thanks

OK, your fathers life insurance would be "separate property" so she would not generally have any claim to that asset.

But lets back up a bit...a divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides.

SO. you ask...

I have a signed seperation paper which states that she will get 9000.00 dollars, can my wife ask for more at a later time

Answer; She can...but if you do not both agree on "who gets what", then the court will need to take evidence to decide...and you will (both of you) need lawyers to fight this out. I suspect that the legal bill together could easily match the difference ($40K - $9K) if you can work this out...all the better.

One factor in your favor is you do have a signed agreement. The court can take this into consideration when it determines "who gets what" will not bind the court...that is they are not required to follow it, but the can certainly consider it (and that she signed it).

SO, what to do. You may want to explain to her that your assets from your father will not likely be considered by the court. It may actually be worth hiring an attorney for a few hours to review this and give you both some general advice. You also may want to "raise the offer a bit" to save the legal bills...perhaps if you offer her $15K total, or whatever amount your comfortable with, to get her back into agreement so you can get this filed next month.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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