Queens Separation Agreements Lawyers
A divorce means that people no longer wish to be married. It is not enough to state that each party to the marriage no longer wishes to remain together. The parties must undergo a legal divorce. A legal divorce has many important and long lasting implications. The legal divorce means that both parties are free to get married again. It also means that both parties have agreed to divide up their assets in a satisfactory manner. For anyone who is contemplating this kind of plan in life, it’s important to get all the little details in place before you start. Doing so can ensure that your divorce is legally binding.
Dividing Things Up
Sometimes a marriage is a relatively simple affair. After the parties are no longer together, they don’t have much to think about. One party moves out and takes the dog, the furniture they brought with them and their salary. The other party stays in that same space and continues as they have before the marriage began. That is a process that plays out all over the United State each day. In that case, nothing else is required from each person in the former marriage and they can move on.
In other instances, the process of getting a divorce can be a lot more complicated. Each party to the marriage may have been married for many years. During this time, they have accumulated many assets together. That can include more than one property. Each party may also have other assets such as a pension and stocks and bonds. One party may have an advanced degree while the other party worked a lesser job to help them pay for the degree and the post graduate training. In that case, dividing things up can be a lot more complicated.
The Separation Agreement
A separation agreement is a very common part of any marriage plan. The separation agreement is intended to act as a blueprint for all that is going to happen once the divorce agreement comes in play. That makes this a very important document. Both parties must agree to the terms of the separation agreement in order for it to be a valid and binding part of the divorce process. This type of agreement can take a lot of time and effort to get in place. Each party should be prepared to understand what the agreement means for them once it is complete.
This kind of agreement can be complicated or very simple. If you have children with your partner, the separation agreement will include who is going to pay for the children’s expenses. It will also indicate where the children are going to stay as the divorce continues. A separation agreement will also include highly specific details that pertain to your childcare arrangements. For example, it might indicate that one parent can have custody on alternating weekends during the summer. Meanwhile the other parent will take care of the children’s needs during the week and certain holidays.
The agreement will also deal with highly specific financial matters in great detail. In many instances, people have purchased a home together during their marriage. After they wish to separate, a decision must be made as to how the property is going to be divided between the two. They might agree to sell it or have one party stay on. In many cases, especially when there are children involved, one person agrees to stay in the house and pay the mortgage. The other party will find another place to live while still having the chance to have their children visit.
When Things Go Wrong
Divorce can be quite combative. One party may be found guilty of being abusive to their spouse. In that instance, the agreement will spell out what is going to happen to the other spouse. An agreement may include having one spouse stay away from the other in all instances until the divorce is worked out. In other instances, the divorce may be have all sorts of financial considerations such as a prenuptial agreement that was signed many years ago. The separation agreement with deal with this issue and how it pertains to the marriage in a formal document.
A separation agreement is a serious decision. Both parties must have an agreement that is going to work out in their favor. This can take some time and effort. Each party must be prepared to take the time needed to make it work. Each party should have an agreement that is going to offer them what they need to fully move forward. Having legal counsel on your side during this process will ensure that the document is legally binding and acceptable to you. They will act in your interest when crafting it.