Several steps are involved in the process of a Montgomery County separation agreement. Parties should not physically separate until one or both of them have spoken to an attorney and understand the repercussions of the separation. Couples who are considering separating should try to work out the terms of their separation on their own with the advice and counsel of an attorney. The process of a Montgomery County separation agreement could take a very long time without the help of a qualified legal representative who can facilitate mediation between parties so they can discuss their circumstances. Neither party should sign anything until they have spoken with a lawyer.
Couples may enter into separation agreement for one year, six months, or until they get to court. It is up to the parties to determine the time, the terms, and the length of a separation agreement. All of these components depend on the facts and circumstances of a particular case. The negotiating and drafting processes of a legally binding separation are very important and could be very difficult to navigate without a lawyer. It is crucial for parties to seek out a knowledgeable and experienced attorney to better understand their rights in moving toward a separation in the best way possible.
Defining the Terms of an Agreement
Support agreements and custody arrangements could be included as part of the Montgomery County separation process. If a couple wants to separate immediately, they can participate in a temporary or interim separation. However, it is important to let a lawyer review any temporary agreements which include terms on support, custody, or asset division because they may not be able to be changed for a long time. One of our attorneys could help a spouse understand the terms they are agreeing to as well as how long their agreement will remain in affect.
The courts favor agreements reached between parties and are likely to at least consider a separation which does not address in final all the issues pertaining to the marriage. For example, custody is always modifiable by a judge. If the parties thought that one type of custody arrangement was best for their kids at the time of separation and then one or both parties realizes that it is no longer in their children’s best interests, then either parents could ask the court to modify their order. A separation contract can also address how the parties are going to divide up their shared property, marital home, and bank accounts, but they would have to go to court to resolve their custody issues.
Mistakes to Avoid During the Montgomery County Separation Agreement Process
The biggest and most common mistake that people make during the process of a Montgomery County separation agreement is signing without the professional guidance of an attorney. Unrepresented spouses risk getting into a situation where they agreed to something and want to change their mind, but that may be a very difficult thing for them to do.
Understanding what the terms of an agreement mean now, long-term, in the event of a divorce, and to your children could make a substantial difference in the enforceability of your separation. For this reason, you should consider reaching out to our firm today to learn more about this legal process.