Separation Agreements FAQs
What is a separation agreement?
A separation agreement is a contract between a husband and a wife, signed when they have agreed to live apart in contemplation of a divorce. The agreement is designed to settle any property, debt, alimony, child custody, visitation, insurance, tax, and child support issues that may exist between them. The above mentioned issues are the more significant and are often at the forefront of most agreements, but each agreement is unique and may address other issues, such as: who will care for the family pet, or what religion the child(ren) will practice. During the negotiating process, it is essential to keep an open mind in order to reach the actual settlement. Most divorce lawyers will be able to provide a list of issues typically addressed in a separation agreement. Contact an attorney at Tash & Kurtz, PLLC for additional questions.
Do I need a lawyer for a separation agreement?
Lawyers do a better job of handling these matters. They are familiar with the law and the rules of the separation and divorce procedure. They are also able to shield their client from his or her own anger in the proceedings. It is a rare person who can keep emotion and personal concerns out of an argument as basic as divorce and finance. In this way, lawyers often serve to prevent the escalation of hostilities and produce better results in a more productive fashion.
What does a separation agreement address?
A separation agreement attempts to put in writing what you and your spouse have agreed upon in your negotiations leading up to your separation or divorce. It may cover, but is not limited to, the following; property, debt, pension, alimony, child custody, visitation, insurance, tax filing, and child support issues.
Doesn’t a separation agreement make a divorce easier?
Divorces may become "easier" with a separation agreement already in place, because tensions and arguments tend to be reduced, but that does not mean that the divorce itself is encouraged. The reduction of tensions in a divorce situation is beneficial. Years of existence of both fault and no-fault divorce have shown that people who want to get a divorce will get one, with little regard for any impediments.
For more information on Separation Agreements, please see our Separation Agreements page.
For additional questions, contact Tash & Kurtz, PLLC.