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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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How or when do I present the property settlement agreement

Customer Question

How or when do I present the property settlement agreement to the courts?
Submitted: 1 year ago.
Category: Family Law
Expert:  Floridalegalanswer replied 1 year ago.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

Many times, a property settlement agreement is connected with a Divorce. I will answer your question under this assumption. If that is not the case, please provide some details as to your specific situation.

Floridalegalanswer :

So, assuming this property settlement agreement is part of the divorce, the Agreement is usually submitted to the Court as part of the Final Hearing.

Floridalegalanswer :

Generally, you would present the Agreement to the Judge and explain that you and your spouse have agreed to the terms of the property division and that you would like for the Court to adopt the agreement.

Floridalegalanswer :

If there are other issues that have not been agreed to (eg. child custody or something else), then a lot of times you can ask the Court to bifurcate the case which means that the Judge can rule that the terms of the property settlement are valid and adopted by the Court, and the remaining issues will proceed as outstanding issues.

Floridalegalanswer :

I see you have entered the chat.... is your agreement connected to a Divorce?

Customer:

No, because we have not satisfied six months separation yet. After the six months of being separated then I will file for the divorce.

Floridalegalanswer :

What state are you in?

Customer:

Virginia

Floridalegalanswer :

When you file for the divorce, you can file the agreement with the Court and ask the Court to adopt the agreement. Are there any children involved?

Customer:

No

Floridalegalanswer :

Okay. So, if you and your spouse have agreed to all of the terms, then you can file for an uncontested divorce once you meet the separation requirement.

Customer:

Can that requirement be met with us both staying in the same house, but staying in separate bedrooms, no intimacy, separate cooking,

Floridalegalanswer :

From what I have found, as long as you are not living together as "Husband and Wife", then this would be sufficient. Please give me a little more time and I will see if I can get a more concrete answer for you.

Customer:

ok

Floridalegalanswer :

Ok, I have found a great resource that explains this in great detail. Here is the link http://www.wolcottriversgates.com/Legal-Separation-in-the-same-Household.pdf

Floridalegalanswer :

Please note that there are specific details when living together...

Customer:

Ok, Thank You

Floridalegalanswer :

Make sure to look to the guideline details...(eg. don't wear wedding ring/bands, live in separate rooms, etc.)

Customer:

ok

Floridalegalanswer :

It looks like a witness or witnesses should also be used

Floridalegalanswer :

It appears that it may be pretty strict on the rules, so I would suggest that the guidelines are strictly adhered to.

Floridalegalanswer :

Also, one thing to note from the website is that it says you should state the intent to live separate and apart in the separation agreement.

Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Floridalegalanswer and 7 other Family Law Specialists are ready to help you
Expert:  Floridalegalanswer replied 1 year ago.
Thank you so much for the Rating and Bonus! Please let me know if you have any questions in the future. Good Luck to you!

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