If you are considering separating from your spouse and getting divorced, you are probably aware that you will need to make a great deal of changes in how you live your life. Most likely, your life right now is thoroughly intertwined with that of your spouse. If you decide to separate and pursue a divorce, you will need to separate all those aspects of your lives that are currently together.
A compassionate McLean separation agreement lawyer understands how challenging it can be to end a marriage. A skilled marital agreements attorney could guide you through the legal process of drafting a legally binding separation agreement that is mutually acceptable to both you and your spouse.
Understanding Separation Agreements
A legal separation agreement is a contract between spouses that outlines and resolves issues that need to be addressed when a couple no longer wishes to remain together. Most couples enter into separation agreements when one spouse decides to move out of the marital home. However, to save on costs and ease the transition of divorce for their children, some couples elect to continue to share the same home even after legally separating. Under state law, couples can continue to live in the same residence together provided they live legally separate lives.
What is in a Separation Agreement?
A separation agreement alone does not end a couple’s marriage, but it can help them move forward by clearly outlining each party’s ongoing responsibilities and letting them determine how to fairly divide their responsibilities, assets, and liabilities.
Separation agreements often address the following matters:
For it to be valid, a couple must voluntarily sign a written separation agreement with no pressure, coercion, or duress.
How to Modify or Terminate a Separation Agreement?
Although a separation agreement is legally binding, the parties can usually amend it through a legal modification. Additionally, a court could deem the agreement to be unenforceable if it finds that any of the terms are unjust. If the couple gets back together and decides not to pursue a divorce, the separation agreement can also become void.
Our experienced McLean attorneys have successfully drafted, reviewed, and modified separation agreements for many couples.
Reasons to Pursue a Formal Legal Separation Agreement
Having a formal separation agreement offers several benefits.
Gives the Couple Control
By addressing all outstanding issues in a separation agreement, a couple leaves nothing to the court’s discretion. They can control the dissolution of their marriage.
Speed Up Divorce
It can speed up the divorce process. If a couple with no children has a separation agreement, they can pursue a non-contested divorce after six months of separation.
Help if a Couple Decides to Stay Married but be Separated
For religious or other personal reasons, some couples prefer to continue the marriage, while living separately. A clear separation agreement can make that process easier by dividing the couple’s marital property and specifying who will retain ownership of which property. A separation agreement can also provide for child support and custody arrangements. If a couple later decides to move forward with a divorce, having a separation agreement in place can make the process easier and less expensive.
A knowledgeable McLean attorney understands how important it can be to quickly resolve all outstanding issues in a clear separation agreement.
Meet with a McLean Separation Agreements Attorney
If you are considering getting divorced, you should consult with a McLean lawyer to learn about the advantages of having a separation agreement. Having a detailed separation agreement can make your divorce process less contentious and drawn out.
Meet with a McLean separation agreements lawyer from Capital Family & Divorce Law Group of Price Benowitz LLP.
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