Most couples enter a marriage expecting it to last a lifetime. Unfortunately, many relationships are tested by financial difficulties, illnesses, or family conflicts. Some spouses are not ready to give up on the marriage and instead feel that they need to “take a break” to sort things out.
There is no ‘legal’ state of separation in Georgia. However, if a couple wants to separate and formally address their finances and children’s care, they might consider entering a separation agreement with the help of a local family law attorney. Talking with a Cherokee County separation agreements lawyer can help you determine if this type of martial contract is right for you.
It can be challenging for a couple going through a separation to trust one another and rely on verbal commitments. Each spouse may have a clearer understanding of their rights and responsibilities during the separation if they put their agreement in writing. Fortunately, our legal team is experienced in drafting contracts for separating spouses, both in lieu of and in preparation for a divorce.
To be considered legally binding in Cherokee County, your agreement to separate must be in writing and signed by both spouses in the presence of a notary. Additionally, both spouses must enter the contract voluntarily. If either party puts undue pressure on the other to sign, a family law judge may refuse to enforce your agreement.
Before signing a separation contract, you and your ex must fully and truthfully disclose your income, assets, and debts to one another. If either party hides property or provides inaccurate financial information, the agreement may be voided. An experienced separation contracts lawyer in Cherokee County can help ensure that the disclosures are sufficient and comply with state law as it related to division of assets.
Couples generally sign separation agreements with the intent to not live together for a period of time. You may want to define what either of you will be responsible for during your separation and address various issues in an agreement, including but not limited to:
The terms of a separation contract may impact you and your children long after a divorce is final. Consulting with a skilled Cherokee County separation agreement lawyer is therefore crucial for ensuring that your separation agreement accurately reflects your intentions and is enforceable in Georgia.
A marital separation can be a transition to divorce, or it may facilitate reconciliation. A break from your marriage could give you time to think about what may be best for you and your children going forward. As you consider the future of your marriage, you may want to ensure that issues relating to your children, finances, and family home are resolved before formally separating.
A local attorney has the knowledge and experience to guide you through the separation process. Should you decide to end your marriage, we can make any necessary modifications to your separation agreement and finalize your divorce. Call our intake team to schedule an appointment with a Cherokee County separation agreements lawyer today.