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Ellen
Ellen, Lawyer, Consultant
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NINE YEARS AGO I CAUGHT MY WIFE CHEATING ON ME AND WE SEPERATED.

Resolved Question:

NINE YEARS AGO I CAUGHT MY WIFE CHEATING ON ME AND WE SEPERATED. I RAISED MY SON AND WE MADE AN AGREEMENT THAT SHE WOULD PAY CHILD SUPPORT,I ALSO AGREE TO NOT DIVORCE HER SO AS SHE COULD STAY ON MY HEALTH PLAN AND SHE WOULD HELP ME PAY FOR MY SONS COLLEGE EDUCATION. MY SON IS NOW IN HIS SENIOR YEAR OF COLLEGE AND WILL BE GOING TO GRADUATE SCHOOL. FOR THIS REASON I AM STILL WILLING TO STAY " LEGALLY MARRIED" WHAT I WANT TO KNOW IS COULD I HAVE SOMETHING DRAWN UP THAT STATES THAT WHEN AND IF WE FINALLY DO DIVORCE SHE WILL NOT GET ANY PROPERTY THAT I OWN, MONEY, RETIREMENT, SOCIAL SECURITY. I SPOKE TO HER AND SHE SAID THAT SHE WANTS NOTHING THAT IS MINE AND THAT SHE WOULD SIGN WHATEVER I HAVE DRAWN UP. WHAT IS MY NEXT STEP TO ACCOMPLISHING THIS. IS THERE A STANDARD FORM, HOW WOULD I GO ABOUT THIS?
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.

You can enter into a Separation Agreement with your wife.


The separation agreement should reflect that you will live separate and apart for the rest of your lives and should address all issues concerning property and child support. A memorandum of the separation agreement should be filed with the Clerk of the County where either you or your wife live. When you divorce the terms of the separation agreement will continue to govern the property distribution and rights between you and your wife.


You should retain a lawyer to assist you with this agreement. However, if you cannot retain an attorney, you can purchase a separation agreement form on line at:

http://www.uslegalforms.com/

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 8 years ago.
THANKS FOR THE QUICK REPLY. THE PROBLEM IS I DON'T WANT TO LEGALLY SEPERATE NOW BECAUSE SHE AGREED TO HELP ME WITH MY SONS COLLEGE AND GRADUATE SCHOOL BILLS IF SHE CAN STAY ON MY HEALTH INSURANCE PLAN AND IF WE SEPERATE I WILL HAVE TO REMOVE HER FROM THE PLAN. COULDN'T WE JUST SIGN SOMETHING SIMILIAR TO A PRE NUP THAT STATES THAT WE BOTH AGREE NOT TO TOUCH EACH OTHERS RETIREMENT AND SOCIAL SECURITY BENEFITS WHEN AND IF WE EVER DIVORCE. I DO PLAN ON DIVORCING HER AS SOON AS MY SON IS OUT OF GRADUATE SCHOOL BUT I AM WORRIED THAT IN THE MEANTIME SHE MIGHT MEET SOMEONE AND HE WILL TALK HER INTO GOING AFTER MY RETIREMENT. THAT IS WHY I WOULD LIKE SOMETHING IN WRITING NOW SO THAT CAN'T HAPPEN. SHE SAID THAT SHE WILL SIGN WHATEVER I HAVE DRAWN UP.
Expert:  Ellen replied 8 years ago.
Hello,

You will want to consider an antenuptial agreement to accomplish your goals. It is similar to a prenuptial agreement except it is entered into during the marriage.

A antenuptial agreement that is entered into without fraud, duress, coercion or overreaching and with a full financial disclosure is valid.

Both parties to a prenup must be represented by separate counsel. This is important in the event of a later contest alleging unfair dealing based on the unique and special relationship between the parties
.

I hope that this helps you.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE


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