Q: Can I individually file divorce/custody if we have a notorized agreement stating intent to file jointly?
My husband and I physically seperated on June 1st. Police were contacted and a statement was given by me regarding domestic violence (physical and verbal abuse in front of children). No charges were filed as they had no physical evidence that he had harmed me. He had no unsupervised or overnight visits during this time, as he was being actively treated for severe substance abuse and staying elsewhere. I moved out on the 15th of June, and we signed a private agreement stating we intended to file divorce jointly. He has not followed through with the agreement to continue substance abuse treatment, has pushed introducing his girlfriend of a week (also has a known history of substance abuse) to the kids, and has resumed verbal abuse towards me in front of our kids during his (optional) supervised visits. Can I file independently ASAP as it's in the best interest of my children and myself, or will the written agreement prevent me from doing so? Nothing has been filed through the courts yet.
A: You can file on your own without him. Your written agreement may or may not matter if it is an agreement to resolve property and support issues. You should retain an attorney to represent you to protect your children.
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