Divorces may be tricky matters since they are a separation between two people in a spiritual sense that also has legal consequences. Between negotiating terms and going to court, this entire process could take months or even years.
Legally separating may be a viable alternative to divorce for many couples. These agreements carry the full weight of law without involving family courts and could settle issues related to the distribution of assets, arrangements for children, and financial support from one party to the other.
A Johns Creek separation agreements lawyer could help you if you are considering a legal separation from a spouse. A compassionate family attorney from our team can help you draft this document, ensure it covers every aspect of your life, and make your separation a smoother and faster experience.
Separation and divorce agreements both cover similar ground. It should be noted that while a divorce legally dissolves the union between two spouses, separated parties are legally still married. Some states even require a couple to legally separate before they are able to file for divorce.
Typically, a marriage could be legally terminated through a formal divorce decree entered by a family court. Divorce agreements usually address and answers questions regarding future family and financial concerns. This may include the distribution of assets, custody, support of children, and whether either party will provide alimony.
Alternatively, separation does not only mean a couple chooses to live apart. In Georgia, married couples are not required to live together at all, which means that a couple could choose to separate physically while remaining married. Each separated spouse still has requirements and obligations while they are still married.
Separation agreements could relieve many of the common problems that arise in divorce proceedings. Spouses have a direct say over the terms of the separation, taking the uncertainty of a court’s decisions out of the equation. A team of skilled separation agreements attorneys in Johns Creek could provide individuals with more information to fully understand the differences between formally divorcing and separating.
There are many reasons why a couple might elect to legally separate instead of completely dissolving their marriage. These reasons may include:
The benefit of a separation agreement is that the two parties could decide on their own—or ideally, with help from Johns Creek attorneys—how to move forward. If either party breaches their legal separation agreement, they may ask a civil court to directly intervene.
The court may also intervene and make the separation agreement invalid is if one party claims they signed the agreement under duress. This might include the threat of force or any form of coercion that eroded their free will.
While a separation agreement cannot legally end a marriage, it could allow two amenable parties to make a clean split while they decide their options. Agreements to separate must cover every aspect of their future in much the same way as a divorce decree. This may entail the distribution of assets, custody of children, and the creation of any support orders. As long as both parties agree to the terms and the terms are fair and equitable, the separations agreement carry the weight of law.
A Johns Creek separation agreements lawyer can help you form a mutually beneficial contract. Having a dedicated attorney at your side can help ease the stress that separation may bring, so contact our firm today to discuss your options.