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divorce agreement question

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socalguy27

Junior Member
What is the name of your state? CA

Hello,

I need your help and suggestions with getting the final terms of the divorce agreement worked out. Presently going through a divorce mediation - and after this is over, neither of us want to deal with the other person in any possible way (well, other than spousal support, which has to be paid for the stipulated time).

In this regard, is it possible to have some kind of a statement in the final terms of the agreement that says something along these lines:
there can be no further claims or lawsuits filed between the two parties from now on, and the both parties release the other from any liabilities or responsibilities as of today.

Is it legally possible to have something like this that both will sign? If so, can I please get any advice on how this should be worded to avoid any trouble later on between the parties?

Thank you for your time.
 


I AM ALWAYS LIABLE

Senior Member
socalguy27 said:
What is the name of your state? CA

Hello,

I need your help and suggestions with getting the final terms of the divorce agreement worked out. Presently going through a divorce mediation - and after this is over, neither of us want to deal with the other person in any possible way (well, other than spousal support, which has to be paid for the stipulated time).

In this regard, is it possible to have some kind of a statement in the final terms of the agreement that says something along these lines:
there can be no further claims or lawsuits filed between the two parties from now on, and the both parties release the other from any liabilities or responsibilities as of today.

Is it legally possible to have something like this that both will sign? If so, can I please get any advice on how this should be worded to avoid any trouble later on between the parties?

Thank you for your time.


My response:

Depends on the subject of such a "hold harmless" agreement. For example, are we talking about bills, children, or what? Usually, in the absence of fraud, or hidden assets, a divorce "cuts the ties that bind" anyway. So, what is the particular purpose of such an agreed statement for the two of you?

IAAL
 

socalguy27

Junior Member
I AM ALWAYS LIABLE said:
My response:

Depends on the subject of such a "hold harmless" agreement. For example, are we talking about bills, children, or what? Usually, in the absence of fraud, or hidden assets, a divorce "cuts the ties that bind" anyway. So, what is the particular purpose of such an agreed statement for the two of you?

IAAL

Thank you for your reply IAAL.

Here's my specific question: Since there is a time gap between the date of separation and when divorce becomes final, what if there are unpaid bills in her name originating during that period? My legal status is still "married" during that time, right? Am I going to be held responsible for her bills during that period?

Also, since myself and my wife are not going to be in touch after the divorce is filed, how will I know if she got re-married or got a job?

Thank you for your time.
 

I AM ALWAYS LIABLE

Senior Member
socalguy27 said:
Thank you for your reply IAAL.

Here's my specific question: Since there is a time gap between the date of separation and when divorce becomes final, what if there are unpaid bills in her name originating during that period? My legal status is still "married" during that time, right? Am I going to be held responsible for her bills during that period?

MY RESPONSE: Did you even bother to read the restraining order on the back side of your Summons? Her debts, after filing for Dissolution, are hers alone UNLESS the debts were incurred for the necessities of life. Buying shoes at Nordstrom doesn't count.



Also, since myself and my wife are not going to be in touch after the divorce is filed, how will I know if she got re-married or got a job?

MY RESPONSE: Why does this matter to you?


IAAL
 

socalguy27

Junior Member
Here's my specific question: Since there is a time gap between the date of separation and when divorce becomes final, what if there are unpaid bills in her name originating during that period? My legal status is still "married" during that time, right? Am I going to be held responsible for her bills during that period?
MY RESPONSE: Did you even bother to read the restraining order on the back side of your Summons? Her debts, after filing for Dissolution, are hers alone UNLESS the debts were incurred for the necessities of life. Buying shoes at Nordstrom doesn't count.

-----------------------------------------
Thank you for pointing that out.


Also, since myself and my wife are not going to be in touch after the divorce is filed, how will I know if she got re-married or got a job?
MY RESPONSE: Why does this matter to you?

----------------------------------------

Because I wouldn't be required to pay alimony if she got re-married,
and the payment would reduce or stop depending on her paycheck when she starts working. (I should have clarified that in the question itself.)

Thanks.
 
Last edited:

LdiJ

Senior Member
In this regard, is it possible to have some kind of a statement in the final terms of the agreement that says something along these lines:
there can be no further claims or lawsuits filed between the two parties from now on, and the both parties release the other from any liabilities or responsibilities as of today.

How will the above, help the below?


Because I wouldn't be required to pay alimony if she got re-married,
and the payment would reduce or stop depending on her paycheck when she starts working. (I should have clarified that in the question itself.)

It would seem to me that you are going to have to stay in contact with her in order to monitor for the above.
 

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