In New Jersey family law, there are no rights specifically listed for either party when a married couple separates. However, a separation agreement drafted by your family lawyer is a legally binding agreement between spouses that provides for time lived apart. Separation agreements range from simple to extremely complex and a family law attorney can help you create a sound separation agreement. Here are four important facts you need to know:
A Separation Agreement Protects Your Interests
A separation agreement generally includes provisions for the payment of bills, division of assets, childcare arrangements, payment of alimony, and more. The separation agreement is a key tool to help your lawyer work to protect your interests and define your rights to marital property.
Court is Not Necessary
You do not have to go to court to obtain a separation agreement. If both parties can agree to the terms of an agreement, your family attorney can draft a separation agreement that is signed by both parties. If you are able to abide by the terms of the agreement, there is no need to file paperwork with the court.
Divorce Is Not Required
A separation agreement does not mean that you must get divorced. In some cases, the time apart provides a cooling-off period after which the parties decide not to divorce. A separation agreement simply protects your interests while you and your spouse decide what is best for your family’s situation.
Separation Agreements Make Divorce Easier
If you and your spouse do decide that divorce is the best option in your case, your family lawyer can incorporate the terms of your separation agreement into the divorce. In these cases, the agreement can make the divorce process more efficient.
Do you have more questions about separation agreements and divorce? At The Law Firm of Walter K. Schreyer, family law is one of our practice areas and we have worked for more than 35 years to advocate for clients in both New York and New Jersey. Call (888) 511-2837 to schedule an appointment to discuss your family law matter with an attorney.
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