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Separation Agreements

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Overview: Separation Agreements

Are you in need of a separation agreement with your partner?

For many people, they are not ready to jump straight into a divorce; rather they wish to become separated while remaining legally married, usually for the benefit of their children. This way spouses no longer have to live together but they can keep their marriage intact and coexist, being separated also gives couples a better chance of working out their problems. Legal separation is also different form a divorce in that there is no six month waiting period, the issue can be resolved rather quickly if the parties are able to come to an agreement. Divorce may be out of the question for some couples due to religious beliefs or other moral obligations and legal separation is a viable alternative for them. In cases where children are involved, certain arrangements must be made and agreed upon for the time being until they decide to move forward and get a divorce or continue on with their marriage. It is important to remember that with a legal separation, you are still legally married to your spouse and you are not permitted to remarry during this time. If you remain married for 10 years of more when you decide to dissolve your marriage, then you may be eligible for certain social security benefits from a spouse.

If you are going through a difficult experience with your partner and separation is decided to be the best option for all parties involved, a separation agreement can be developed. These trying situations can impact your life in extreme ways and sometimes that involves a complete separation. Separation agreements are often important for couples who have shared assets or children. This agreement must be signed by both parties and notarized by a proper official. It is vital that you settle on an agreement that you can abide by long-term because if you decide to divorce after the separation and there is an agreement in place, then the judge will assume that you are satisfied with the terms and will not make any alterations. That is why you need a qualified and experienced Monroe divorce attorney to help you implement the best possible arrangement for custody, support, property division and alimony.

Contents of a Separation Agreement

A separation agreement contains the terms of a separation including child custody, child support, alimony, and property distribution. These are all extremely important parts to any separation and can often require the mediation of a divorce lawyer. This agreement can be an important step to any separation. It is not required in the state of North Carolina, but if divorce occurs later down the road, this contract will make the process much easier. State laws require that a couple be separated for at least one year before filing for divorce and this agreement can provide excellent proof that his requirement has been met. A legal separation does not always lead to divorce; sometimes couples reconcile. If they do wish to proceed with the divorce then they will have to file for it explicitly.

It is helpful to involve a Monroe divorce lawyer in this process. At Collins Family Law Group, we can help you navigate the situation. If this is a step in the process of divorce, our attorneys will stick with you through the entire process. It is a good idea to have a lawyer by your side if divorce does result. A separation agreement can be a valuable selection for you if you are exploring all your options. Our firm can help you determine if this is the route you should take. This agreement can either be a temporary resolution to a dispute or can be a permanent agreement. A lawyer from our legal team can help you determine your best course of action.

Contact our Monroe office today to get the qualified and experience legal counsel that you deserve.

Collins Family Law Group - Monroe Divorce Attorney
Located at 114 North Main Street, Monroe, NC 28112.
Phone: (704) 269-6697.
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