A Separation Agreement is often the stepping stone to a divorce proceeding. The agreement to separate must be in writing and signed by both parties in the presence of a Notary Public in order to be enforced in a court of law. To avoid the necessity of having to go back to court time and time again, a Separation Agreement should include all aspects of your marriage, including child custody, child support, spousal support and equitable distribution.
Do I Need an Attorney to Help with A Separation Agreement?
While the outline of an agreement can be created by the parties without legal assistance, it is recommended that, prior to finalization, it be reviewed, and discussed at length with a divorce attorney and put into proper legal form. Nuances and issues that may not even occur to the parties may be brought to their attention by a professional and the agreement may need revisions. Ms. Wagner has drafted hundreds of separation agreements that were thorough and enforceable.
Do Separation Agreements Always Lead to Divorce?
One does not have to file for divorce after entering into a Separation Agreement, however, it is usually used as the first step to finalizing one. If a Separation Agreement is entered into the terms set forth in the agreement should be promptly effectuated. If the terms are not promptly finalized, its terms may become unenforceable as assets sought to be divided may be dissipated. This is particularly important when dividing pensions and retirement accounts.
If you would like to discuss a Separation Agreement, either as a stepping stone to divorce or if you have a Separation Agreement and would like to discuss finalizing a divorce under its terms, please contact the Law Office of Katherine Wagner today to discuss your rights and obligations.
Serving Somerset County, New Jersey and the surrounding areas.
