Re: Separation Agreement

Whether you should file or wait for him to file depends on many factors. Please call my office so we can discuss. 301-652-0663.

Re: Separation Agreement

It can hurt you in the long run, depending on who files first and in what jurisdiction.

However, you have grounds for an immediate divorce, adultery. You could easily file by yourself

Just go to the Civil Clerk's desk at your county or city court house. If it becomes contested, you

may want to hire the services of an attorney.

As for the separation agreement, there are a number of factors that determine whether it is binding. I would

suggest contacting an attorney if you decide this is the way you want to go.

Re: Separation Agreement

It is not clear whether you have a written separation agreement or whether he is just paying you an agreed amount of child support or an agreed upon division of property. If you have a written separation agreement, it is a binding contract, like any other, except that the court always has jurisdiction to disregard or change terms regarding child custody, visitation and child support. As with any contract, enforcement may require a court order, in this case a Judgment of Absolute Divorce incorporating the agreement. Also, as with any contract, it may become void or voidable if a party breaches it or if it is entered into as a result of fraud or coercion. If you do not have a written separation agreement, your husband's agreement to pay you particular sums of money may be unenforceable in the long run. As for your question about whether you should file first, it might make a difference if you do not have a written and valid agreement which resolves all of the issues which need to be resolved in a divorce. For one (usually minor) thing, the person who files first has to pay a filing fee of $100, plus the cost of service of a Complaint. The person who files first in a contested divorce gets to make his or her accusations against the other party first, but the judge will almost certainly not assume that the first person to file is more credible. If there is an emergency situation regarding support, custody, or the preservation of property from one party's plan to hide the assets, it may be important to file first. If all of the issues are settled in a separation agreement, and the divorce will be on grounds of mutual, voluntary separation and not on a fault ground, it almost certainly makes no difference (other than that filing fee)who files.

Do discuss your particular situation with a lawyer who is representing you and your interests. A consultation should not cost much, and it could save you far more than it costs in the long run.