When I started getting into trouble I became pretty acclimated to legal procedures. Calling my attorney and working out bail was just another way to spend a Saturday night. Unfortunately, the stiffer the charges, the more difficult it was to talk my way out of a bad situation. After so many charges, I found myself slapped with a long jail sentence, and I realized that I wanted to turn things around. Fortunately, my lawyer was able to walk me through yet another process, so that I could make the right changes. My blog discusses how to emotionally cope with legal issues so that you can start living a good life.
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When a marriage has broken down, you might think of separating and potentially divorcing their spouse. While it isn't always necessary to have one written up, you can create an agreement of separation to determine how certain financial obligations will be divided during this time. This agreement can be similar to a divorce decree, except that you are still married, and many couples do get back together and it doesn't always lead to a divorce.
What is in a Separation Agreement?
There are a number of things that can be put into a separation agreement. This can include how you will deal with alimony and who should pay it, child custody and visitation arrangements, child support payments and the amount it should be, property division and who should still retain the house or if it will be sold and even how debts are handled.
You don't necessarily need a lawyer to draw up a separation agreement. It is something you can do yourself, but in order to make it legal, you do have to have it notarized. It is considered a written contract between both partners and it can be enforced in a court of law. If you are concerned with any issues such as child custody or alimony, it might be a good idea to have this contract written up by a lawyer in order to protect yours and your children's interests.
Types of Separation Agreements
There are two primary types of separation agreements—Bed and Board Separation and Legal Separation. The Bed and Board Separation says that the couple remains legally married but all assets and debts are divided equally between them. When a couple has children, child support is usually not granted during the separation and neither is alimony.
This type of separation is meant for couples primarily who wish to remain married and have no intention of marrying anyone else. They can still take advantage of any health benefits they previously had during the marriage.
A legal separation might add in child support and alimony into the agreement as well as the division of property. A legal separation should be sought if the couple does plan to divorce during a set time frame and may want to remarry in the future.
Do You Need a Legal Separation to Divorce?
Some people might think that they need a legal separation agreement before they can seek a divorce. This is technically not true, and you can go for a divorce without a written separation agreement first. The separation agreement just makes it legally easier to keep health benefits and divide assets before the divorce proceedings should the separation get that far.
To learn more about the process, visit resources like http://WWW.TML-LAW.com.
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