If I’ve been separated for 2 years, what do I need to do to file for divorce?
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If I’ve been separated for 2 years, what do I need to do to file for divorce?
I am trying to make the divorce as smooth as possible. We have 3 kids and a house.
Asked on May 17, 2011 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. The best thing for you and your spouse to do is to each seek legal counsel to put together a property settlement agreement as well as a custody and child support agreement. If you are both agreement as to all the issues then things will go very smoothly. Be aware that the child support portion of the agreement ios generally standard, in that each state has a child support act that covers how child support is calculated. You can always give more but you can never give less. You and your spouse's income areplugged in to a calculation set by statute. There are various types of custody and joint custody does not necessarily mean joint physical custody. That is another decision to make. Good luck.
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