What To Know About A Divorce Separation Agreement

Are you running into major problems with your marriage and assume that divorce is your only option to move forward? If so, know that you can create a separation agreement as the first step before you decide to go through the divorce process. Here are some things that you should know about a separation agreement.

What Is A Separation Agreement?

A separation agreement is a contract between you and your spouse that is going to cover all the issues with your spouse that need to be figured out prior to your divorce. Many couples make a separation agreement first before they start couples counseling so that everything is in place if they decide to make their divorce official. Your lawyer can help identify the issues that need to be covered in a separation agreement so that you don't have to think of everything that goes into it.

Does A Separation Agreement Need To Cover Everything?

It's possible that you are still working out issues with your spouse regarding divorce, and any separation agreement that you create won't be complete. That's okay because it doesn't need to cover everything. A separation agreement can just cover the issues that you know that you can both agree on so that they are decided and documented. There can be other issues that are still left up for discussion, but those can be decided later on in mediation or a trial if necessary. 

Do You Need A Separation Agreement?

A separation agreement is not always necessary to get a divorce. Make sure that you check what your state laws are since you may need to prove to a court that you have been separated from your spouse for a minimum amount of time prior to having a divorce granted. 

Should You Use A Separation Agreement To Decide Child Custody? 

Many couples do not use a separation agreement to make decisions on child custody because it is not as strong a document as a court order. If someone were to break the separation agreement, it is just a breach of contract, which is harder to resolve when someone breaks the agreement. You'll be able to seek help faster when a court order is broken, which is why people want to use the stronger court order.

Reach out to a local family attorney in your area for help creating your separation agreement. It is the best way to ensure that the agreement is created in a way that is thorough and covers things properly.