When people consider marriage, it is not a decision most take lightly. Neither is the decision to explore options for separation or divorce. There are many important considerations involved in separating, and these considerations typically need to be addressed in a final separation agreement. When separation and divorce become considerations in your marriage, working with a Cary separation agreements lawyer can be an important first step in exploring your legal options.
A knowledgeable family attorney could work with you to help analyze the terms of your agreement to make your separation as easy as possible. Separating from a spouse is often difficult enough without having to try to understand the legal complexities.
Separation agreements can function as a substitute to costly divorce litigation. They could establish many important terms and conditions, which can save couples a great deal of time and money instead of engaging in litigation. Negotiating a separation agreement also may allow couples to retain control over important decisions that have far-reaching effects on everyone involved in the process instead of leaving those decisions up to a court that might not be as familiar with the dynamics and needs of their relationship.
A separation agreement could serve as a substitute to divorce litigation because they often cover many of the same aspects. Exactly what details will go into a separation agreement often depend on the unique circumstances of a marriage, but there are some common aspects to many separation agreements that an Cary separation agreements lawyer could expand upon.
For example, property may need to be divided. This is especially important when it comes to the marital home and any other shared real property assets. There may be related concerns if the sale of such property is part of the agreement.
Generally, a great deal of time and attention is paid to large property interests such as houses and cars. However, personal property typically must also be addressed in a separation agreement.
A couple may also need to make important decisions regarding marital finances. This could involve more than just closing joint accounts and opening individual ones. They may need to determine how assets in existing accounts could be divided, and how marital debt may be handled.
In circumstances where children are involved in a marriage, a separation agreement typically will need to incorporate child custody terms as well as child support obligations. Child support obligations are generally determined by a pre-approved state schedule, but the couple may still need to have a detailed custody agreement in place. The agreement generally must meet the best interests of the child, which most courts presume agreed upon terms accomplish unless evidence is presented to the contrary.
Drafting a separation agreement can be a long and complex process, especially in cases where communication between spouses is difficult or strained. An experienced Cary separation agreements lawyer could help you to focus your efforts, identify your goals, and understand your rights.
It may be essential that a proficient Cary separation agreements argument review your agreement before you sign. It is often very difficult to undo a separation agreement once the parties have signed it.
Advocating for your rights is an important part of the legal process involved in creating, negotiating, and implementing a separation agreement, and you do not have to face that process alone. If you are considering a separation agreement as part of your transition to divorce, contact Triangle Divorce Lawyers for an initial case review.
Schedule a case review with our Director of Client Services.