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  1. #1

    Question No Contest

    I am getting divorced after 18 years of marriage. It is uncontested as I am letting her have everything except 1/2 of our investments and retirement. My question is do I have to wait the 6 months until the divorce is finalized to collect my half or can I collect right away? The settlement was my idea as I don't want my kids to do without. She is worried (and greedy) that I will come back before the 6 months is up and change my mind, then want 1/2 of whats left. We live in Texas but I want to go back to wisconsin asap. any thoughts?

  2. #2

    Default Re: No Contest

    Get an attorney to draw up an agreement that is enforceable. This is not something to do on your own especially since retirement benefits are included.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Contest

    Having a lawyer draft up a separation agreement and property settlement is a sensible idea. Courts will typically enforce property settlement agreements as contracts, and once you enter such an agreement and divide your assets that should resolve most or all of the issues relating to the division of marital assets. Having a lawyer available to approve a final consent judgment may also be helpful if you plan to be living in another state when the divorce is finalized.

    Division of retirement benefits is tricky; I can't tell whether you're saying, "I'm keeping half of the retirement benefits" or "I'm keeping all of my retirement benefits."

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