Why shouldnt I just seek a separation agreement and avoid the fight and cost of a divorce proceeding?
You should, but you need two parties to agree on how to resolve all issues. If you can do this, you can also sign a stipulation of settlement to obtain a divorce without a fight. If the two parties cannot agree, then you need the help of the court, and possibly for the court to decide all of your issues for you. A separation agreement is a good vehicle when one party needs the continuation of medical insurance benefits, or to remain married long enough for eligibility for social security benefits through your spouses benefits (minimum of ten years of marriage).
