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Divorce can be a costly and time-consuming endeavor. For some spouses, there could be a variety of reasons why divorce is not an option, even though the relationship has deteriorated. For these couples, separation might be the right answer. A separation agreement is the legal document used to confirm agreed upon terms amongst a couple while the couple remains legally married.
If you are considering this option, our dedicated marital agreement attorneys can help. These arrangements cover many of the same issues as a divorce, so it is important that your rights are protected throughout the process. You can benefit from speaking to our West Caldwell separation agreement lawyers right away.
Divorce brings a marriage to a final legal conclusion, while a separation agreement resolves many, if not all of the same issues, while not legally terminating the marriage. Instead, the married couple abides by the terms set forth within agreement, while leading separate and apart.
Whether or not a separation agreement is right for a couple will depend on their specific circumstances. Some people rely on these arrangements if a relationship breaks down, but divorce is not an option due to religious or personal reasons, or if they would like to spend time apart while they determine if divorce is how this wish to proceed. Other couples use these agreement as a precursor to their ultimate divorce. Regardless of the reasons, a separation attorney in West Caldwell will determine when these arrangements might be beneficial.
In many states, there are provisions for legally separating. While there is no framework for legal separation in New Jersey, spouses may enter into binding contracts that set the terms during a separation. These orders can set out most of the important issues that are determined in a divorce decree, as a West Caldwell attorney can further explain.
One of the most common aspects of these agreements involves the payment of spousal support. Just like with a divorce case, one spouse could be entitled to financial support from another should the couple separate. With a separation agreement, each side negotiates a fair amount of support moving forward.
Separation agreements may address distribution of marital property or debt, and can address a cutoff date regarding property or debts incurred thereafter. Whereas if the court determines that marital property exists, a judge must determine which of the separated spouses will maintain possession of marital assets or assume marital debt, based upon evidence proffered to the court.
Separating agreements are the best option for many couples who face the end of their relationship, but are not willing or able to go through the divorce process. These agreements could provide all parties with the best possible outcome for their specific circumstances. Let our West Caldwell separation agreement lawyers help you determine your next steps. Contact our office today to determine if a legal separation is right for you.