A separation agreement is used when a couple wants to live separately but does not want to dissolve their marriage. These agreements must be in writing, signed by both parties, and include certain findings of fact and conclusions of law. Parties who enter into a formal separation agreement are expected to follow it and abide by its terms. Fortunately, a seasoned family law attorney can help you draft and file a legally binding document that best represents your family’s needs. Get in touch with a Cobb County separation agreements lawyer to get started on your case.
In a separation, one of the parties must file a complaint for legal separation in order to have an agreement written up that accounts for child support, asset allocation, continued payments of living expenses and debts, and anything else the parties want. Once that is completed, an order for legal separation is obtained from a judge. Negotiating terms, distribution of assets, support agreements, and custody arrangements are all part of the separation process.
Additionally, the terms of a separation agreement could involve parenting schedules, alimony, what happens with a couple’s marital residence, maintaining the status quo, division of property, and payment of any debts. This kind of document may also account for child custody and parenting time schedules during a couple’s split, which can help stabilize the children’s schedules and lives through the transition.
The courts want to make sure that parties in a separation do not plan to reconcile and get back together. A couple’s date of separation represents when they no longer live together, no longer sleep together, or the day a party actually moved out of their shared home. A dedicated Cobb County separation agreements attorney can help couples determine the details of their cases as well as present options for how they can proceed.
A separation agreement can be turned into a divorce agreement. Some terms may need to be adjusted or updated, but it can save significant time and money in working through the final divorce process. An attorney can do all of the work in filing an actual divorce complaint and convert a separation agreement into a final divorce agreement. Separations typically lead to civil resolutions even if a couple decides to get divorced, as a predetermined, comprehensive agreement can help account for everything a divorce would have to deal with. For this reason, it is advisable to consult with a skilled separation agreements lawyer in Cobb County who can set up a claimant for success should their circumstances lead to a divorce.
If either party ever wants to remarry, they would have to obtain an actual divorce judgment to be able to do that. Divorce cases that require a reason for a dissolution could result in couples staying in unhappy marriages. The need for a cause of action could also lead to fabricated stories of wrongdoings just so a divorce could proceed. No fault divorce allows for couples to separate and part ways in a way that works for them.
It is important to ensure that requisite findings of fact and statements of law are in a couple’s written agreement and account for any assets they may want to divide. A Cobb County separation agreements lawyer can also provide insight into what works for parenting time schedules as well as what to include in an agreement in terms of continued payment of living expenses and debts. With the right legal counsel, you can draft a fair, legally-binding separation agreement that respects the rights of both parties, so call today and schedule an appointment.
Atlanta Divorce Law Group