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What is a separation agreement?

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What is a separation agreement?

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A separation agreement is a comprehensive contract where the parties agree to live separate and apart for the rest of their lives. The agreement must set forth rights and duties with respect to important issues such as custody, visitation, child support, distribution of property and all other matters that arise at the end of a marital relationship. Each of the parties should consult their own attorney to draft and prepare the agreement so that these complex issues can be analyzed and resolved appropriately. The final agreement is then filed with the clerk of the county where either spouse resides. At the end of one year from the date of the agreement, either spouse may initiate a suit for a “no-fault” divorce.

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A separation agreement is a detailed contract in which the parties agree to live separate and apart for the rest of their lives. It should detail the respective rights and duties of the husband and wife relating to custody and access to the children, support payments, property distribution, and all other marital issues. Certain formalities must be followed in order for the agreement to qualify as a ground for divorce. Once filed with the clerk of the county where either spouse lives, after one year has passed from the date you sign the agreement, either spouse may sue the other for a “no-fault” divorce.

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A separation agreement is a contract between a husband and a wife, signed when a legal separation has been granted or 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 lie 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 can address other issues like, who will care for the family pet, or what religion the child(ren) will practice. Most divorce lawyers will be able to provide a list of issues typically addressed in a separation agreement. During the negotiating process it is essential to keep an open mind in order to reach the actual settlement.

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A Separation Agreement is a written agreement between you and your spouse on how matters relating to your marriage will be resolved. The agreement should address custody of children, visits, support of children, property division (including alimony and pensions), what will happen to the martial home, including who will own the real estate, who will live in the marital home, division of debts, change of name, and 209A protective orders. A Separation Agreement is good only if both spouses sign it. It usually is made part of the divorce judgment.

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A separation agreement is a comprehensive contract where the parties agree to live separate and apart for the rest of their lives. The agreement must set forth rights and duties with respect to important issues such as custody, visitation, child support, distribution of property and all other matters that arise at the end of a marital relationship. Each of the parties should consult their own attorney to draft and prepare the agreement so that these complex issues can be analyzed and resolved appropriately. The final agreement is then filed with the clerk of the county where either spouse resides. At the end of one year from the date of the agreement, either spouse may initiate a suit for a “no-fault” divorce.

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