If my wife and I we agree on how to split things in our divorce, do I write those into the petition for dissolution of marriage or the settlement agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife and I we agree on how to split things in our divorce, do I write those into the petition for dissolution of marriage or the settlement agreement?
I’m filing for divorce Pro Se. I’m using grounds, but my wife plans to leave it uncontested, we agree on how to split things. Do I write those into the petition for dissolution of marriage, or the settlement agreement? Do I file have to file them together, or can the settlement agreement wait? in the requests section of the petition, how do I word the granting of a settlement agreement to be determined. We agree on the big stuff, but are still bickering over the little stuff, and I want to file before she does. I want this to be over quick, and get her out of my life.
Asked on August 4, 2011 Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation but it sounds as if it is mostly an amicable situation. The petition for divorce and the settlement agreement are generally separate documents. The settlement agreement is a contract between the two of you. You can file the petition for divorce prior to the settlement agreement if the details have yet to be finalized (remember that in a contested divorce there is no agreement to file in the start of the action). The relief requested is a divorce and not the property. There is probably some standard language that needs to be inserted like dissolution of the marriage, equitable distribution of the property, child custody and support, spousal support, etc. I might consider taking the document that you complete to an attorney to review on a flat rate consultation basis. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.