Family Law Questions? Ask a Family Lawyer Online.
1. It is possible to live separate and apart under the same roof in order to trigger 6 month window to begin running. You must assert you are no longer living as husband and wife. No shared finances, cooking, laundry, recreation, etc. Separate bank accounts is a good way to establish this. Separation of finances is often as important or more important than when you stopped sharing a bedroom.
2. You can state in the agreement that all net income from business will be shared equally. I would then recommend dividing it into separate accounts. If income is equal this will help greatly eliminate argument for alimony. You can include language that state both parties are financially stable based on their income and neither party seeks or desire support from the other in the form of alimony or otherwise. Each party specifically waives their right, claim or entitlement to alimony or support in any form from each other.
3. Yes. This is called a non molestation agreement. Basically each party agrees to leave the other alone and stay out of each other personal lives.
4. Yes, I would have it notarized. Yes it is filed with the court. No you do not have to have attorney file. Most county courts have law libraries. Generally, the law library will have form books with boilerplate agreements for your state on all kinds of topics. I would recommend calling the court and finding the library. Go there and say your are looking for Post Nuptial Agreement (PNA) Forms. This will then give you an idea of what it should look like and the language to use. You can probably use 80% and then modify it to specific to your agreement. This will also help ensure you cover everything. Your agreement should cover, assets, support and debts. Identify all assets (house, cars, retirements, bank acts, business and say who gets what. Waive all support/alimony and then id and divide debts.
All of your answers help a great deal! Thank you so much for your help.
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