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Is it legal and/or advisable to file a declaration of divorce…

Is it legal and/or advisable...
Is it legal and/or advisable to file a declaration of divorce at the end of a separation agreement rather than at the beginning?

My wife and I are divorcing.... it is amicable at the moment and we're trying to arrange our affairs, including joint custody of our children. Our plan is to continue shared ownership of the house and rotate parents as necessary rather than move the kids back and forth.

Money is tight and one of the issues when the divorce is final is that my wife will not longer be covered on our "family plan" health insurance. Taxes are another place we will take a hit when filing individually.

We are working out a separation agreement that that will make sure my ex is cared for for the next 3 years (what I understand is the term in Texas).

What I understand to be the normal process is to file the divorce decree and separation agreement concurrently. We're wondering if it is possible to file the divorce decree at the end of the 3 years. Would doing so be legal? Would it open me up to an additional 3 years of supporting her? Would it be considered fraud to continue listing her on my insurance and taxes if we are no longer living as husband and wife but remain legally married?

Thanks
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Answered in 31 minutes by:
12/2/2010
lwpat
lwpat, Lawyer
Category: Family Law
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Would it be considered fraud to continue listing her on my insurance and taxes if we are no longer living as husband and wife but remain legally married?

No it would not be

We're wondering if it is possible to file the divorce decree at the end of the 3 years. Would doing so be legal?

Would it open me up to an additional 3 years of supporting her?

Unless you cover it in the agreement it would.

While the two of you can certainly agree on the details, you should take it to an attorney to finish it up and be sure that everything is covered. Here are some samples

http://www.docstoc.com/search/marital-separation-agreement?catID=1&subcatID=0&subsubCID=0

Yes you can.

lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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