Spouses may have many reasons for deciding to dissolve their marriage, but committing to a divorce is not always the right choice for a couple not seeing eye to eye. Fortunately, there is an alternative that could provide some comparable relief. Legal separation can help couples decide the next step in their life while also addressing issues such as dividing assets, property ownership, and even child custody to some extent.

A Marietta separation agreements lawyer can help you and your spouse create a mutually beneficial separation agreement which ensures your assets are divided equally and that fits the needs of you and your family. Talk to a well-versed family attorney from our firm about how a legal separation could work for you.

The Function of a Separation Contract

Unlike other court-mandated agreements issued by a judge or jury, spouses in our area have complete control over the terms of their legal separation, including whether to retain an attorney to help them draft their separation contract. Much like a divorce decree, though, a separation only becomes legal after it is filed with the courts.

Family courts typically allow spouses to keep property and assets they individually brought into the marriage and equitably distribute those collected throughout the marriage. However, a separation agreement could divide the property according to the preferences of its signatories. The contract could also address concerns regarding spousal support and division of debts, as well as establish a preferred child custody arrangement for a court to later approve.

It is vital to remember that a separation agreement is not a divorce decree and that separated spouses are still married in the eyes of the law. As such, neither party is legally allowed to remarry until they terminate the marriage. If the spouses later wish to formalize a divorce, the separation agreement could serve as a framework to hasten the court process.

Reasons to Legally Separate

There are virtually unlimited reasons why a couple might choose to separate instead of dissolving the marriage. This could include:

  • Medical benefits;
  • Tax incentives;
  • Social security benefits;
  • Retirement and pension benefits;
  • Personal beliefs;
  • Finalizing separation of assets, finances, and property before the divorce;
  • Religious and cultural beliefs; and
  • Time apart to consider the future of a relationship.

Regardless of the specific justification, assistance from legal counsel is a virtual requirement for constructing a thorough and enforceable contract. A skilled lawyer in Marietta can help individuals decide whether a divorce or legal separation works best for their situation and help them proceed with either process.

How a Marietta Separation Agreements Attorney Can Help

A separation agreement could provide a powerful alternative to traditional divorce. These voluntary agreements may help you and your spouse reach an agreement on major issues and provide a framework for the future, whether you spend it together or apart.

A Marietta separation agreements lawyer can help you create an amicable contract for you and your spouse. Our firm works to help people understand relevant Georgia laws, identify realistic goals, and form a contract designed to pursue those goals. Call our intake team today to start exploring your legal options.

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