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Shouldn't a divorce be settled with a separation agreement and other signed documents.

Dallas, TX |

We signed a notarized separation agreement to dissolve our marriage. My spouse's lawyer sent interrogatory questions in July and the following month my spouse sent a signed memorandum to both lawyers stating that she can have all the money in the accounts and for the divorce to be over so we can both go our separate ways. The lawyers are still insisting on filing out the questions and questioning my retirement funds inspite of the letter he sent.

Attorney Answers 1


  1. Your divorce is not final until there is a final decree of divorce entered by the court. You can agree on the terms of the decree (some people come to an agreement through alternative dispute resolution, or between themselves). It sounds as if you've reached a preliminary agreement, but there is no decree. Because of this the discovery period is likely still open, and the other side is still entitled to conduct discovery of your assets. If you can reach an agreement as to the language of the decree, then there shouldn't be a need to complete the discovery process. Remember, the decree is THE document key to a divorce.

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