Do divorce papers ever expire?

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Do divorce papers ever expire?

My husband and I have agreed to have divorce papers drawn up. He said he will sign them and the papers can be put aside. To us, this is just a precaution measure, if I do want to go through with the divorce completely. Is this process possible?

Asked on June 20, 2012 under Family Law, Georgia

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

It depends on what type of papers you are talking about. There are no "divorce papers" in New Jersey. There is a complaint for divorce and an answer that are initial pleadings of a divorce case. Then, the divorce case will end by either a trial decision or a settlement agreement between the parties.

It sounds as if you are signing an agreement to the division of your property and assets in case of a divorce.   If this is the case, your agreement will be considered a postnuptial agreement. A postnuptial agreement is similar to a prenuptial agreement except, as it may sound, it is entered after a marriage whereas a prenuptial agreement is entered before marriage.

A postnuptial agreement will be a valid resolution to the division of assets  and debts so long as the agreement is fair and all of the terms were disclosed each party as well as full disclosure of each parties' assets and debts.

I would recommend you speak with an attorney to ensure that you have a properly drafted agreement so that there are no unresolved issues that could affect the enforcement of your divorce papers, as you call them.


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