Advice on separation agreements

divorce attorney Jill DuffyQuestion:

My wife wants to move out of the marital home with our two children. She wants to keep most of her personal property in the home, and wants me to sign a document saying she can come get her and the kids’ property in a few months.

I don’t entirely trust her right now and am worried about signing anything she draws up. Should I sign the letter or will it hurt me?

Answer:

The short answer to your question is no, you should not sign anything. Before signing anything that may affect your parental rights you should consult an attorney.

Signing something as simple as a letter that says your wife can come get her things could be used to show that you consented to her moving out with your children. It could later be used against you for custody or parenting time determinations, and could ultimately effect your child support obligation.

You should consult with an attorney before your wife leaves the home.

Although I practice law in Michigan, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell does represent men in divorce in Michigan.

 

Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

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