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Separation Agreement Property Settlement Agreement
A legally enforceable, spousal contract settling all matters. Generally not referred to as a divorce agreement. since only the court can grant a divorce. If the parties fail to reach an agreement, the case goes to trial, and the court's decision and judgment is substituted. Court's judgments are modifiable based on a material change in circumstances. An agreement may be either modifiable or unmodifiable (surviving). Typically, these agreements settle issues relating to: 1. Asset and liability division 2. Alimony, health, and life insurance 3. Legal and physical custody, child support, visitation, medical insurance and expenses, and college.
Question: Divorce Property Settlement, Separation/Parenting Agreement? I have not been divorced before and would like to learn from anyone who's been there any tips on what I should remember, consider when coming up any of these agreements? Or if you did/missed writing something that has affected you and your children, even your ex-spouse greatly after the divorce? Thank you for any help. I am doing my research at the library too. If it helps you at al, I am divorcing in Virginia.
Answer: TROLL ALERT..... TROLL ALERT......TROLL ALERT.
remember to do..... what your lawyer tells you.
Question: Consent Order for Property Settlement? I am transferring a property from my de facto to myself as we have parted ways. My bank require a separation agreement advising the settlement outcome, however my legal representative advises a "consent order" is a more formal and fool proof way to approach this.
Apparently a de facto is able to seek out property and valuable assets like superannuation and my car which is only in my name! Since when? We arent married and our relationship is not legally binding.
They want to charge 1500-2000 for this order. Is it worth it?
Answer: Laws vary from state to state about owning property with or while you have a partner.( not sure of what state you are in ) Regardless, this is my suggestion: If you are Ever in a relationship of any kind and part ways, when both of your names are on any property and you decided to split, it is much easier to refinance everything you are keeping and responsible for. What good is an agreement or Consent if someone does not follow it. Just more legal fees. If you want this consent order I would shop around that sounds mighty expensive but do not leave any property unattended to. Separate all property and if money is owed: each of you get it financed in only your name. You will be glad you did. You don't want any of this popping up years from now.
Question: Urgent help needed? My ex husband and I signed a separation and property settlement agreement but I’m the only one that complied with it. During our divorce trial my ex made outlandish claims and lied about pretty much everything. My ex owes me money but I was willing to let it go if he’d comply with the agreement. The judge didn’t even acknowledge the separation agreement. Do I have the legal right to sue him for the things he agreed to in our agreement?
My ex husband and I signed a separation and property settlement agreement but I’m the only one that complied with it. During our divorce trial my ex made outlandish claims and lied about pretty much everything. My ex owes me money but I was willing to let it go if he’d comply with the agreement. The judge didn’t even acknowledge the separation agreement. Do I have the legal right to sue him for the things he agreed to in our agreement?
I have a lawyer but he thinks the supreme court will up hold the original verdict.
Answer: Was this separation agreement done in a legal way? Notorized? Just a verbal agreement? Your legal rights will surely depend on the answers to those questions.
Question: Property settlement issue? I recently left my husband due to lots of emotional abuse, constant fighting, him refusing to meet me halfway and also him altogether stopping talking to me, the last episode of which lasted 1 1/2 - 2 months. Ugh. I also played my part in acting a fool however never treated him as poorly as he did me. So anyway I moved and hadn't spoken to him in the weeks since I left until today. He has contacted me via his lawyer twice saying he wants me to sign a property settlement agreement (he wants to keep our marital home). I personally cannot afford the mortgage on my own however, I always told him I thought we should sell the house. He has such an obsession with the house.
Today we spoke and he told me he never wanted a divorce, that he has no trust in me since I left him one day without telling him (he was acting funny right before I left and I was scared at what his reaction would be if I left), that he never wanted any of this to happen to us and that we could try a separation first and at the end "see what happens" but that he wants me to immediately sign over the title of our house to him. Why would he want me to do that? If he really wants to make things work, why would he keep bringing up the house, right? He's quit adamant about me signing it to his name. I just do not know.
He never sent me flowers or called me saying he misses me/loves me/wants to make it work during allt his time, just called me about utility/gas bills/and to find out where I was living so his lawyer could contact me.
Advice please?
P.S. I will be retaining my own lawyer and definitely will not sign anything until I talk to the lawyer.
So in him asking me to sign this immediately, does it mean he does not at all want to reconcile truly after our separation? I am so lost on what his intentions are!
Answer: He wanted to get you to sign something as early as possible, so that he could get the best "deal."
You are smart, don't sign anything until you talk to a lawyer. You get half the house, half the 401(k), half the IRA (this goes both ways though, so if you have 401k or IRA, he gets half of yours!). But beware, you also get half the debt!
Question: Do I have to "answer" a divorce complaint? Everything is done, the separation agreement, property settlement, all been taken care of and settled and it's states that in the divorce complaint. If I do not disagree w/anything on the complaint and do not contest the divorce can it just go ahead w/o me filing an answer? I called the county clerk and she said that I do not have to do anything unless I disagree w/the terms. They have to send me a copy of everything that's filed and that's all the complaint is and I do not have to go to the hearing b/c if they were going to try to change anything or take away what's already been given, they would have had to notify me of that change and they have not. Just looking for a simple answer if I will be ok not answering the complaint since I do not disagree w/anything and want it to move forward but don't want to get screwed if there's a way for them to do that..
Answer: You probably need a lawyer to look it over, to make sure it is saying what you think it is saying. You should also go to the hearing. Sure, it will be stressful, and you don't want to see your spouse or deal with it, but it's better to be there.
But if you really are happy with the terms, then absolutely, accept the terms and move on. Fighting a complaint in court is hell. It will consume all your money, all your time, all your emotional energy. Your friends and relatives will be called upon to dump dirt on you both. All your secrets will come out. Yes, all of them. If the complaint is reasonable, accept the terms and move on.
Question: Some Questions about Divorce? 1. Is it considered as divorced after signing the Separation and Property Settlement Agreement.
2. What is the procedure to get divorced?
3. Is there more paper to sign after the Separation and Property Settlement Agreement?
Answer: the kit should have everything and no,, you are not divorced until you stand before a judge and he asks you if this marriage is irretrevable, or some such shite, he or she will have to sign it, ( always say it is irretrevably broken, otherwise they may send your butt to conceling )
the procedure is, you fill out paperwork take them to courthouse, pay 200 bucks,, either pay the courts to serve the other person or you do it, Registered mail, and then when the person signs it and sends it back, the timer will start ticking,
Question: Why do some women feel they are entitled to more than half of community property if a marriage doesn't work? My ex-wife and I filed for a legal separation and I was falsely led to believe that if I signed this document, as well as a property settlement agreement (so she could remain in the house), she would agree to split everything fairly should she decide to "move on" with her life. (2-year later) She now is going back on her word to me. We were married for 21 years. Need assistance?
Answer: First of all, READ carefully the document you signed. Secondly, first thing in the morning, call a lawyer. You need one.
Question: How do I withdraw my sponsorship for immigrant? I have recently come to believe that my husband only married me for a green card. Stupid, I know. He was so charming before he got that "conditional" green card and did a total 180 afterward. I have suffered mental abuse, neglect, him throwing'breaking things, gone to therapy (alone sine he only went to ONE marriage counselling session w/ me), been ignored for weeks/months without a word from him, found out he had a personal ad online looking for sex with strangers (made a copy) and lastly, him telling me he would put me in the emergency room if I left him and met another man. He told me he was recording all of our conversations! Of what? Of him talking down to me and acting rude?! I couldn't take it anymore and left him about 2 weeks ago. Did it while he was at work so that he wouldn't suspect (also cause he has anger issues). He also condescendingly told me, They won't take my green card away! Why would he say that?!? I'm pretty sure he's been to a lawyer about this already. He even sent me papers with his lawyer re: property settlement agreement stating he wants to keep the home we own! WTF! There is no potential for a reconciliation between us and I curse the day I met this man. He also hid all of his immigration documents & tax return info from me when I asked for it, also took my engagement ring & hid it from me, refusing to give it back.
How do I withdraw my sponsorship from him? Is there a form I need to fill out? I don't have any documentation since he hid everything. Our state requires 6 months separation without children and I just left 2 weeks ago. That means we could have a divorce by end of March/April. His 2-year conditional green card expires 4/8/10. I'm positive this slimeball has already tried to remove the conditions. I am not going to sign anything for him & I cannot believe I was hoodwinked and will never believe he married me in good faith. He went as far as to refuse to never put a bank account in both of our names. I've severed all contact from him as I cannot waste another breath on him. He seriously hurt my heart/soul. :( Advice?
Answer: I went to a lawyer yesterday...
because i am getting citizenship well the greencard for my wife..
and the lawyer told me that if we happen to have problems in the future they have forms to stop the whole process his green card will be taken away from him and he will be banned (he will no longer be able to move on)
our lawyer told us this as a warning only so i sugguest you contact a lawyer.. and hurry up
the best of luck to you, and I'm very sorry you have suffered all this pain!
mine plz?
http://answers.yahoo.com/question/index;_ylt=AvhEbrEQRzfW_ix9yyN.UHfsy6IX;_ylv=3?qid=20091015100146AA8JnjP
Question: How do I remove my sponsorship? I have recently come to believe that my husband only married me for a green card. Stupid, I know. He was so charming before he got that "conditional" green card and did a total 180 afterward. I have suffered mental abuse, neglect, him throwing'breaking things, gone to therapy (alone sine he only went to ONE marriage counselling session w/ me), been ignored for weeks/months without a word from him, found out he had a personal ad online looking for sex with strangers (made a copy) and lastly, him telling me he would put me in the emergency room if I left him and met another man. He told me he was recording all of our conversations! Of what? Of him talking down to me and acting rude?! I couldn't take it anymore and left him about 2 weeks ago. Did it while he was at work so that he wouldn't suspect (also cause he has anger issues). He also condescendingly told me, They won't take my green card away! Why would he say that?!? I'm pretty sure he's been to a lawyer about this already. He even sent me papers with his lawyer re: property settlement agreement stating he wants to keep the home we own! WTF! There is no potential for a reconciliation between us and I curse the day I met this man. He also hid all of his immigration documents & tax return info from me when I asked for it, also took my engagement ring & hid it from me, refusing to give it back.
How do I withdraw my sponsorship from him? Is there a form I need to fill out? I don't have any documentation since he hid everything. Our state requires 6 months separation without children and I just left 2 weeks ago. That means we could have a divorce by end of March/April. His 2-year conditional green card expires 4/8/10. I'm positive this slimeball has already tried to remove the conditions. I am not going to sign anything for him & I cannot believe I was hoodwinked and will never believe he married me in good faith. He went as far as to refuse to never put a bank account in both of our names. I've severed all contact from him as I cannot waste another breath on him. He seriously hurt my heart/soul. :( Advice?
Answer: He will not be able to renew his Green card once expired, and if he can not find other sponsorship he will be gone or illegal.
There are no a form for that, but you can call the toll free number and ask if there is something you can do , if not you can make an appointment by infopass in the office where is his case and explain the situation to an immigration officer. for this go to www.uscis.gov and once you are there do the change of address, look for the service phone number and for the link to infopass .
Other thing you can do is report the case to the ICE this is part of the DHS , go to www.ice.gov in the home page there is a phone number for report of "Suspicious activities", call there, may be they can help you.
Sorry you are passing as a bad moment.
Question: What is your opinion on this legal separation.Am I missing anything?(Ignore names,ofcoursei changed them :)? This agreement is made on November 18th,2008, between Marilyn Ann Monroe, the Wife, who lives at 500 Benton Street, in the Town of Rosedale, County Of Queens,State Of New York ,and Richard Monroe, the Husband, who lives at 1000 195th Street,Apartment #2, in the city of Jamaica, County of Queens, State of New York.
We were married on the 17th Day of September 2003, in the city of New York,County of Queens, State of New York.
Minor child, Micah Monroe was born into our marriage on July 29th,2007.
As a result of disputes and serious differences,we sincerely believe that our marriage is irretrievably broken and that there is no possible chance for reconciliation.
We both desire to settle by agreement all of our marital affairs, including the division of all of our property and bills, spousal support or maintenance.
THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows:
1.We both desire and agree to permanently live separate and apart from each other, as if we are single, according to the terms of this agreement.We each agree not to annoy,harrass, or interfere with the other in any manner.
2.We both agree that there are no furnishings nor any other forms of property to be divided at this time.
3. We both agree that the Wife shall pay and ideminify all debts in her name and hold the Husband harmless from those debts.
We agree the the Husband shall pay and indemnify all debts in his name and hold the Wife harmess from those debts.
We also agree not to incur any further debts or obligations for which the other may be liable.
4. Husband and Wife both agree as for the support and maintenance of the Child, there will be no set dollar amount of child support now or in the future. We both agree that Child care fees will be divided in half by the both of us. We both agree to support our children financially/emotionally, and supply all of their needs/desires as necessary. As the need arises, Husband will notify Wife of any needs of Child and Wife has one week to supply that need and vice versa.
Visitation will be as such:
Weekdays and Holidays:
During the work week, Child will reside with Wife in the day time.
Wife will drop Child at the babysitter before she goes to her place of employment.
Husband will pick child up in the evening after his work shift is over.
Vacations:
In the event, of an extended vacation of either Wife or Husband, Child will reside with the parent on vacation.
Weekends:
During the weekend, due to the fact that it is a regular work day for Wife, We both agree that weekends will be treated as weekdays with Wife having Child in the daytime and Husband having the child in the night time.
5. Both parties agree to forgo all rights to alimony now and in the future.
6. We both agree that neither of us shall remain as the beneficiary on any life insurance policy carried by the other.
7. We both agree that we will cooperate in the filing of any necessary tax returns. We also agree that any tax refunds for the current year will be the property of the Husband and that any taxed due for the current year will be paid by the Wife.
8. We both agree that, in the event of divorce or dissolution of marriage, the Wife desires to and shall have the right to be known by the name of Marilyn Ann Devoreaux.
9. We both desire that, in the event of our divorce or dissolution of marriage, this marital settlement be approved and merged and incorporated into any subsequent decree or judgment of decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive.
We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent of our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference.
We each understand that we have the right to representation by separate lawyers.
We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents,make any endorsements, and do any and all acts that may be necessary or convenient to carry out all of the terms of this agreement.
We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of New York.
We also agree that every provision of this agreement is expressly made binding upon the heirs,assigns,executors, administrators,successors in interest, and representatives of each of us.
Signed and dated this 12th Day of November, 2008.
_________________________________________________________
[Wife's Signature][Witness Signature]
____________________________
[Witness signature]
___________
Answer: Looks great, after you have it notarized, bring it to the county clerk's office.
Here is another website that will help;
http://www.happinessafterdivorce.com
Good luck,
JR
Question: If New Zealand was to become a republic, would the Treaty of Waitangi still apply? New Zealand is currently a contitutional monarchy. When it was a British colony, the Crown representatives signed an agreement between the native inhabitants (the Maori) offering them ownership of their lands and other properties, and gave Maori the rights of British subjects.
My question is, if New Zealand was to become a republic (formally announcing complete separation from the Crown) would the treaty between the Crown and Maori still be recognised? As the crown no longer are represented by the government, would any settlement between the Maori and government become null and void?
Answer: From what I've heard, nobody ever took the treaty all that seriously to begin with.
Question: Please HELP ME!!!!!!!!? 11. How did the Mayflower Compact affect the settlement of the Plymouth colony?
(Points: 3)
It defined colonists' separation from King James I.
It established a colonial government that was free of English domination.
It spelled out the religious beliefs of the colonists.
It served as a basis for passing laws for the good of the colony.
12. "Thousands of English Puritans arrived in Massachusetts Bay as they fled persecution in England." Which term is associated with this event?
(Points: 3)
the Age of Voyaging
the Enlightenment
the Great Migration
the Great Pilgrimage
13. What was a major difference between the Massachusetts Bay Colony and Rhode Island?
(Points: 3)
Anne Hutchinson served as the first woman colonial leader in the Massachusetts Bay Colony.
Squanto provided Massachusetts Bay with corn, but refused to do so in Rhode Island.
Roger Williams, founder of Rhode Island, believed in religious toleration.
There was virtually no difference between the two colonies, since both were founded by Puritans.
14. Which colony was founded by Catholic proprietors on land given to Cecilius Calvert in recognition of Catholic support for King Charles I? (Points: 3)
North Carolina
Maryland
Georgia
South Carolina
15. How did the colony of New Amsterdam become New York?
(Points: 3)
The British king decided to rename the colony after his wife's family.
When the English captured the territory from the Dutch the king gave it to his brother, the Duke of York.
The Dutch and British agreed on the change as part of a treaty.
The Dutch traded the rights in exchange for trade agreements in India.
16. Which colony was founded as a haven for a religious group known as the Quakers?
(Points: 3)
Pennsylvania
New Jersey
Vermont
Maine
17. What was the Middle Passage?
(Points: 3)
the transition from African to British slave traders who then transported the slaves to America
an agreement that allowed British ships to operate legally
an understanding that southern plantation owners could purchase slaves on a trial basis and then return those who proved inadequate
the second leg of a triangular trip from Africa known for its inhumane conditions
18. Why did slavery replace indentured servitude in the colonies as time went on?
(Points: 3)
The work required on plantations could only be done by slaves.
Slaves were more intelligent and could be easily trained to undertake plantation jobs.
Plantation owners were able to convert slaves to Christianity.
Indentured servants left plantations at the end of their servitude.
19. What did John Locke believe?
(Points: 3)
The survival of the fittest would lead to government by the most able.
Humans were superior to animals.
Natural law required governments to protect citizens' rights to life, liberty, and property.
All people had the right to the pursuit of happiness.
20. What was a key belief of the Great Awakening?
(Points: 3)
Predestination removed the need for confession.
Salvation did not depend on membership in a single church.
Government was more important than religion in people's lives.
Salvation was open to all who believed in a higher being.
21. How did the French and Indian War affect the British and ultimately the colonies?
(Points: 3)
They formed an alliance with the French.
They increased Native American support.
They incurred debt and lost territory.
They gained land but incurred heavy debt.
22. What was the major occupation in the middle colonies
(Points: 3)
shipping
textiles
manufacturing
farming
23. What was not a major cash crop in the South?
(Points: 3)
tobacco
corn
tomatoes
rice
24. What best describes the relationship between geography and economics in the thirteen British colonies? (Points: 3)
The diverse geography of the colonies encouraged different economic pursuits.
The geography of the colonies had little influence on the economies that developed.
Most of the colonies developed similar economies because they all had similar geography.
All of the colonies benefited from good soil and a long growing season.
25. On what characteristics is the division of the thirteen colonies into New England, middle, and southern regions based? (Points: 3)
weather and climate
geography and economics
politics and government
philosophy and religion
26. Which statement best describes the relationship between colonists and Native Americans
Answer: http://www.allabouthistory.org/mayflower…
Question: History help. PLEASE.? 10. What was the main reason that Jamestown was founded?
(Points: 3)
for religious freedom
to gain wealth
as a base for access to the Chesapeake Bay
to bring honor and glory to the king
11. How did the Mayflower Compact affect the settlement of the Plymouth colony?
(Points: 3)
It defined colonists' separation from King James I.
It established a colonial government that was free of English domination.
It spelled out the religious beliefs of the colonists.
It served as a basis for passing laws for the good of the colony.
12. "Thousands of English Puritans arrived in Massachusetts Bay as they fled persecution in England." Which term is associated with this event?
(Points: 3)
the Age of Voyaging
the Enlightenment
the Great Migration
the Great Pilgrimage
13. What was a major difference between the Massachusetts Bay Colony and Rhode Island?
(Points: 3)
Anne Hutchinson served as the first woman colonial leader in the Massachusetts Bay Colony.
Squanto provided Massachusetts Bay with corn, but refused to do so in Rhode Island.
Roger Williams, founder of Rhode Island, believed in religious toleration.
There was virtually no difference between the two colonies, since both were founded by Puritans.
14. Which colony was founded by Catholic proprietors on land given to Cecilius Calvert in recognition of Catholic support for King Charles I? (Points: 3)
Delaware
New Jersey
North Carolina
Maryland
15. How did the colony of New Amsterdam become New York?
(Points: 3)
The British king decided to rename the colony after his wife's family.
When the English captured the territory from the Dutch the king gave it to his brother, the Duke of York.
The Dutch and British agreed on the change as part of a treaty.
The Dutch traded the rights in exchange for trade agreements in India.
16. Which colony was founded as a haven for a religious group known as the Quakers?
(Points: 3)
Pennsylvania
New Jersey
Vermont
Maine
17. What was the Middle Passage?
(Points: 3)
the transition from African to British slave traders who then transported the slaves to America
an agreement that allowed British ships to operate legally
an understanding that southern plantation owners could purchase slaves on a trial basis and then return those who proved inadequate
the second leg of a triangular trip from Africa known for its inhumane conditions
18. Why did slavery replace indentured servitude in the colonies as time went on?
(Points: 3)
The work required on plantations could only be done by slaves.
Slaves were more intelligent and could be easily trained to undertake plantation jobs.
Plantation owners were able to convert slaves to Christianity.
Indentured servants left plantations at the end of their servitude.
19. What did John Locke believe?
(Points: 3)
The survival of the fittest would lead to government by the most able.
Humans were superior to animals.
Natural law required governments to protect citizens' rights to life, liberty, and property.
All people had the right to the pursuit of happiness.
20. What was a key belief of the Great Awakening?
(Points: 3)
Predestination removed the need for confession.
Salvation did not depend on membership in a single church.
Government was more important than religion in people's lives.
Salvation was open to all who believed in a higher being.
21. How did the French and Indian War affect the British and ultimately the colonies?
(Points: 3)
They formed an alliance with the French.
They gained land but incurred heavy debt.
They incurred debt and lost territory.
They improved relations with both the French and the Indians.
22. What was the major occupation in the middle colonies?
(Points: 3)
textiles
farming
growing cotton
producing crafts
23. What was not a major cash crop in the South?
(Points: 3)
tobacco
tomatoes
corn
wheat
24. What best describes the relationship between geography and economics in the thirteen British colonies? (Points: 3)
The diverse geography of the colonies encouraged different economic pursuits.
The geography of the colonies had little influence on the economies that developed.
Most of the colonies developed similar economies because they all had similar geography.
All of the colonies benefited from good soil and a long growing season.
25. On what characteristics is the division of the thirteen colonies into New England, middle,
Answer: i dont know all of them but i know some hope it helps.
11. B
12. C
13. A
14.B
16.A
17.A
18.D
19.C
20. C
21.C
22.C i think
23.A
Question: Urgent help needed? My ex husband and I signed a separation and property settlement agreement but I’m the only one that complied with it. During our divorce trial my ex made outlandish claims and lied about pretty much everything. My ex owes me money but I was willing to let it go if he’d comply with the agreement. The judge didn’t even acknowledge the separation agreement. Do I have the legal right to sue him for the things he agreed to in our agreement?
Answer: Yes, you can enforce the contract. Hopefully, it was a written contract. Oral contracts are more difficult. Save ALL documentation. Also, try not to initiate a lawsuit as that will muddy the waters and make things messy -- communicate & negotiate.
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