If my wife and I we agree on how to split things in our divorce, do I write those into the petition for dissolution of marriage or the settlement agreement?

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If my wife and I we agree on how to split things in our divorce, do I write those into the petition for dissolution of marriage or the settlement agreement?

I’m filing for divorce Pro Se. I’m using grounds, but my wife plans to leave it uncontested, we agree on how to split things. Do I write those into the petition for dissolution of marriage, or the settlement agreement? Do I file have to file them together, or can the settlement agreement wait? in the requests section of the petition, how do I word the granting of a settlement agreement to be determined. We agree on the big stuff, but are still bickering over the little stuff, and I want to file before she does. I want this to be over quick, and get her out of my life.

Asked on August 4, 2011 Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation but it sounds as if it is mostly an amicable situation.  The petition for divorce and the settlement agreement are generally separate documents.  The settlement agreement is a contract between the two of you.  You can file the petition for divorce prior to the settlement agreement if the details have yet to be finalized (remember that in a contested divorce there is no agreement to file in the start of the action).   The relief requested is a divorce and not the property.  There is probably some standard language that needs to be inserted like dissolution of the marriage, equitable distribution of the property, child custody and support, spousal support, etc.  I might consider taking the document that you complete to an attorney to review on a flat rate consultation basis.  Good luck.


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