First and foremost, it is not necessary to have a separation agreement to make your separation legal. Your separation becomes "legal" once you or your spouse leaves the marital residence with the intent that it be permanent. Separation agreements are a contract between you and your spouse that can contain provisions on your agreements pertaining to spousal support, child custody, child support, and equitable distribution, just to name a few. Separation agreements can essentially cover and resolve all issues without any need of litigation. Many people are comforted by the idea of having a separation agreement in place while they are waiting for their divorce to become final. Once you are eligible for divorce, after your one-year separation, your separation agreement can be incorporated into your divorce decree thereby becoming a part of the court order, enforceable by the powers of the court. The agreement must be signed by both parties to be effective.
If you believe that a separation agreement would be a perfect fit for you and your spouse, please contact Rutherford Robertson, P.A. and schedule your confidential consultation today.