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While making the decision to divorce is almost always difficult, there are a few options available that could potentially simplify matters before you commit to this choice. If you and your spouse need some time apart to determine the next step your relationship should take, a separation agreement might be beneficial.

However, these agreements are difficult to craft effectively, and if they are constructed improperly, they can do more harm than good and may even be completely unenforceable. Talking to a Buckhead separation agreements lawyer could be the best investment you make in the future of your marriage. With the help of a skilled family attorney from our firm, you may be able to keep your options open with your spouse while still preserving your personal interests for the future.

What is a Separation Agreement?

Divorces rarely occur out of the blue and all of a sudden. Unfortunately, many of them involve months or even years of a relationship slowly deteriorating. Spouses who have not yet filed for divorce may still be deep in the process of emotionally and socially isolating themselves from each other. At this point, a legal separation may be in the best interests of both parties.

A separation agreement is a written document that binds each spouse to promises they make to one other while their separation is ongoing. During a legal separation, both spouses are still legally married and cannot remarry until they completely dissolve their marriage. Reasons a couple might elect to separate include:

  • Space and time apart;
  • Government benefits;
  • Health benefits;
  • Religious, cultural and personal beliefs; and
  • Medical benefits.

Retaining a Buckhead attorney could be essential to ensure that a spouse’s needs and interests are protected in the separation contract. A member of our team can also help make sure the contract itself is fair and enforceable in court.

Common Issues a Separation Agreement May Resolve

Every marriage is different, so every separation agreement will be different as well. However, certain provisions are more commonly seen in these agreements than others, usually because they deal with issues that separated spouses are more likely to face. Regardless of a couple’s unique circumstances, a lawyer in Buckhead can help create a separation contract that protects the rights and interests of both spouses.

Child Custody

For spouses with children to care for, matters related to child custody and support typically make up a significant portion of a separation agreement. This includes visitation schedules, child support, and where the child would physically live during the separation.

Can a Separation Agreement Address Alimony?

Spousal support is usually a part of any separation agreement between parties with differing personal incomes. Ensuring that both spouses are able to maintain their married lifestyle as much as possible is important for those going through a separation.

Division of Assets

Most separation agreements discuss the division of assets, property, business, and more. This is to ensure that both spouses are protected and have rights to their own personal property as well as certain pieces of shared property. Assets commonly addressed in a separation contract include the family home, shared debt, gifts, and inheritances.

Speak with a Buckhead Separation Agreements Attorney for Legal Representation

When a couple legally separates, they are still married and bound together by law, but they could have more time to consider their options for the future. If a couple chooses this path for themselves and their marriage, a well-drafted separation agreement could benefit both parties significantly.

Retaining the services of a compassionate attorney who understands the legal aspects of a separation agreement and how best to protect your unique needs could be a critical component of this process. Reach out to a Buckhead separation agreements lawyer today to start planning for your future.

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