Question:
My wife and I signed a separation agreement in one state.
It’s now been seven months, and we both live in a new state now.
Is the separation agreement still good, or do we need to re-file in the new state?
Answer:
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
Typically, marital settlement agreements and separation agreements are bound by contract law. This means that if all of the formalities of the drafting of the agreement are in place, no matter where you are, you will be bound by the terms of the agreement.
In order for there to be a valid contract, thus a valid separation agreement, you must meet a few threshold requirements. There must be an offer, acceptance of an offer and consideration of the offer, and the agreement must be a writing memorializing the agreement.
If you negotiated the overall separation agreement and there is a formal writing, I would assume that you have met the basics of the contract law and your agreement will be enforceable no matter what state in which you reside.
However, if you do need to enforce this, or if you have some type of issue that would need court intervention, you may have to register your agreement in the new state. This would allow the court to address any issues.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Caroline Thompson, contact Cordell & Cordell.
