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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116837
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am in the military and just returned from Iraq. My wife handed

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I am in the military and just returned from Iraq. My wife handed me a Dissolution of marriage Divorce paperwork. My question is now she is realizing this was a mistake and wants to change this to a Separation. I am confused as to what I need to do? Should I get an Attorney as she had mentioned we don't need one if we both agree to the terms she has outlined. We have three children 2 of which are under 18, 8 and 10yrs old and a 20 yr old. We have some property and because of her failure to keep up the payments while I was gone the home is getting ready to go into foreclosure. Should I agrre with this separation as she is just buying time as I had mentioned I did not want the kids to live with her in Arizona. I am stationed in Colorado. Am correct to assume if we seperate one of us has to leave the premises? If so I had mentioned since she had petitioned for this she should be the one to move out. She has a part time job and can't afford an apartment. Please help!
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
You should get an attorney, especially since there are matters in contention. She can convert the divorce papers into a separation, but she would have to do this by filing a motion to amend. since this involves her wanting to move the children, you really should have an attorney to protect your interests as a parent, since a legal separation is identical to a divorce in terms of child support or her seeking spousal support and as far as possession of the marital home and the only difference is that the separation does not terminate the marriage.

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