Divorce: Separation Agreement is Key (the divorce is just a formality)
Vložit
- čas přidán 8. 09. 2024
- In this video, I’m going to clear up key misunderstandings about the difference between a signed Divorce Settlement Agreement versus an actual Divorce (when a judge signs your Divorce Decree).
A signed Divorce Settlement Agreement is a contract which is enforceable in a court of law. A signed Divorce Settlement Agreement determines all matters related to:
• Custody
• Child Support
• Alimony
• Asset & Debt Division
A Divorce Decree changes your situation only in the following ways:
• It is only upon divorce that you can legally marry somebody else.
• Once divorced, you can no longer be on your spouse’s health insurance.
• Once divorced, you can no longer file your taxes jointly.
• It is only upon divorce that you can complete a tax-free transfer of retirement assets between spouses (but the details of that transfer are set forth in the Divorce Settlement Agreement)
• Upon divorce, jointly owned real estate loses some of its important legal protections (such as protection from creditors, in some states)
Helpful Blogs:
www.grainemedi...
www.grainemedi...
www.grainemedi...
www.grainemedi...
www.grainemedi...
www.grainemedi...
Facebook: Graine Mediation / grainemediation
Twitter: @Grainemediation / grainemediation
Linkedin: Graine Mediation / graine-mediation
Instagram: @grainemediation / grainemediation
Lot of information in this short video!
Congratulations!!! Great channel ❤❤❤
Thank you 😊
For taxes, if we were divorced summer of 24 and together half of 24 don’t we still have to do taxes together because we were together the first few months of the year 24. Don’t we still pay that together
The IRS views you as either married or divorced for the entire year. They do not count partial years. For example, if your divorce is finalized (divorce decree signed by the judge) on 12/31, the IRS will consider you divorced for that entire year. That is why a lot of people get divorced in January. So can have a full year to file as "married filing jointly".
Think you
And what's next after a Default Decree is settled? Is there another process or documentation we need to file up for before we intend to get married afterwards?😊😮
Usually, once a judge signs the Divorce Decree, whether it is by default or the normal route, you are divorced. That would mean you are free to marry someone else. I have found, though, that many people do not understand much of anything that happens in the courthouse (which is done on purpose so that you need to hire an attorney). If you want an accurate answer, you will need to show your paperwork to an attorney in your area to be sure you are reading it correctly. And, are you sure you want to get remarried?
Hi I do have a question, concerning a custody agreement. My young-adult age 30 son is HFA autistic. We are in the middle of the divorce/settlement process right now. My husband thinks that because he lives in the house with his parents (all three of us live here) that when I finally leave and move out that he get 110% visitations and everything with our son and I get nothing. Because my son is over 18 how can I protect him and myself. Can we still write up a visitation agreement? My husband says because our son is over 18 that he can make his own decisions (not a problem with that, but the husband manipulates and lies my son to do what he wants. (Promise of toys works well with my son), The husband also has guardianship too. We have been married for 30 years. Thank you for your help.
Since your husband has guardianship over your son, I think that he gets to call the shots. Your question will be better put to someone who works in that area of the law (often times an attorney who specializes in disability law). You stated that you feel your son needs protection. If that protection is from his father, than you need to investigate getting the guardianship changed. I think that the same goes for you, too. Guardianship over an adult is not something that the divorce courts deal with on a regular basis and, as a divorce mediator, I do not see these types of situations. When I have, there has always been agreement between the parents; but nothing was included in the settlement agreement (because the child was no longer a minor). Sorry I could not provide better information. Please seek attorney advice for this question.
So bad, you can use motherly words to get your son dear
Hello Ms Graine. As I found your information helpful, could I impose to have you clarify the difference between a Marital Settlement Agreement and an ORDER (filed in Florida). The Order was filed by the Circuit Court Judge on month AFTER the divorce. Do conditions outlined in the Order supersede the MSA? Thanks in advance for your time. Look forward to your reply.
Without viewing the documents, I don't really have a grasp on what exactly is going on in your case... and I also have no knowledge of Florida law. Generally, though, a Marital Settlement Agreement (MSA) is a contract enforceable in a Court of Law. This is distinguished from a Court Order, which is a judicial order which, if not followed, can result in Contempt of Court (jail time, in the worst case scenario).
In Virginia, with my mediation clients, the divorcing couple signs the Marital Settlement Agreement once all matters are settled. Then, when they have met their required period of separation, they take that MSA to an attorney who prepares and files all of the other divorce documentation. (In Virginia, even licensed attorney mediators are not permitted to do the actual divorce because it is, at the end of the day, a lawsuit. Mediators must be neutral at all times and cannot, therefore, sue one of their clients for divorce.) Part of the divorce paperwork that the attorney prepares and files is the Final Order of Divorce (aka Divorce Decree).
A Final Order of Divorce/Divorce Decree is a Court Order that incorporates all of the terms of the MSA. That MSA does not go away; but it is now also a Court Order. What is the difference? WIth a contract, you can ask a court to enforce the terms of that contract. WIth a Court Order, you can ask that a person be held of Contempt of Court (jail time, ultimately) if they refuse to abide by the terms of the Order.
@@robin-personal2039 Thank you for taking the time to share insight and explanation. Clarifying, it appears a Divorce Decree and ORDER share the same terminology. My dilemma requires interpretation of provisions outlined in the ORDER. Perhaps a bit too complex for here, but nonetheless thank you for your time! With gratitude, P
I am ready 🌹
Hey Ms. Graine, I have a separation agreement here in Portsmouth VA and my wife has refused to move out of the home as it was written in our separation agreement from our mediator. I contacted the mediator and he ask her when was she going to move and she hasn't responded. I don't know what to do
In this type of situation, you need to hire an attorney to enforce your settlement agreement. The mediator has zero power. It is judge who must enforce the contract (the settlement agreement).