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Divorce Terms
Anonymous6 views3 answers
My husband and I are nearing divorce. He has told me he will give me shared, but majority, custody of our two underage children as well as pay me alimony since he is primary breadwinner (per my other post and attorney reply, he made 9-10X on average more than me for the past five years).
While he’s being agreeable is there anything I can or should do to get this offering in writing or in any way document? I’m open to working amicably and reasonably if he is. I’m guessing this is wishful thinking, but want to ensure I don’t misstep leading up to meeting with an attorney.
Please let me know if there is any info needed and if there is something I should do. Thank you.
The terms and conditions of the divorce agreement including child custody, child support, alimony etc must be I writing and entered as a court order. This will protect you in the future. I would strongly suggest that you take help of an attorney .
The best thing to do is document your understanding of what you are each willing to do especially if either of you makes a change in your situation in reliance upon that representation and before you file for divorce. The truth is you would very likely get alimony and, based on your question, given the demands of his work schedule you would need to have primary physical custody of your minor children.
I am a believer in mediation so whatever you can do now to keep talking through issues with an open mind about what you each need, keep doing that. Your children are your priority and you seem to have a good handle on that fact to your credit.
Meet with an attorney as soon as you are able to. In the meantime, try to agree on as much as you can knowing that nothing is binding until a Judge enters an order.
Tracey
While it is always helpful for parties to memorialize their agreement in writing to avoid future disputes, generally, informal agreements between spouses regarding their financial and property rights in the event of a dissolution filing are not enforceable unless they are memorialized in a signed, written agreement and approved by a court of competent jurisdiction. Spouses in Connecticut can enter into a postnuptial agreement in the event they are not at the point in which they intend to file for divorce. It is recommended that you consult with an attorney regarding how to proceed in regard to any informal agreement you have reached with your spouse. Once you retain counsel, you can discuss the options available to you in order to best protect your interests.
