Many couples physically separate before a divorce ever occurs. For various reasons, a couple may decide to live in separate residences and effectively lead independent lives, aside from any children they may share. A Montclair separation agreement lawyer could help ease this process by drafting a contract specifically designed to meet your needs.
Couples who share children will need to work out physical and financial arrangements for their children when they separate. Additionally, many couples may need to address the division of property and debts during their separation. One of our family attorneys in New Jersey could assist couples in making these decisions, and entering into an agreement addresses all pertinent issues surrounding a couples separation.
New Jersey law does not recognize legal separations as independent court actions, but many couples enter separation agreements when they split up. These contracts may be a precursor to an eventual divorce, or they may be a temporary measure that lasts until a couple decides to reconcile. Generally, separation agreements assign and clarify rights and responsibilities to each spouse while apart, whether temporarily or permanently.
When a couple physically separates, a spouse may purchase separate property or incur debts that should not be the responsibility of the other party. These individuals also may have to make decisions about the repayment of existing debts and the protection of marital property. A written agreement can make this process much clearer for all parties involved.
Since these documents are binding contracts, a spouse has legal recourse if the other fails to follow the agreement. Aggrieved spouses may be able to pursue compensation if they suffer damages due to non-compliance with the contract. A skilled attorney in Montclair could help a separating couple draft a separation agreement that includes all necessary and relevant provisions.
Legal separation agreements can address most of the same issues that a divorce settlement would address. For instance, parties who share children could include provisions for custody, parenting schedules, education, medical care, and financial support. Some individuals may need to address other issues, such as:
Just as is the case with a divorce decree, couples may stipulate to special provisions about their children or property that only apply to their situations. Legal separation agreements can be extremely versatile, which allows a local attorney to tailor these contracts to meet specific needs.
Since New Jersey law does not formally recognize the concept of legal separation, parties are free to create agreements as they see fit. These agreements can become legally enforceable contracts after the parties have signed them and do not need any formal approval or signature from a judge. Ideally, the parties can collaborate on the contents of these agreements and get proper legal assistance for guidance during this process. In some instances, a court ultimately might rule a separation agreement invalid, so having a lawyer in the area draft this document may help retain enforceability.
Separating from your spouse is never easy but having a specific plan in the form of a separation agreement can make the details of your split much more apparent. These agreements may help ease the transition from a single household to separate households for the parties and children involved. A Montclair separation agreement lawyer could help you draft a legally enforceable contract tailored to your needs. To get started on your agreement, call today.