Divorce Information

The Marital Separation Agreement Process

If you and your spouse are getting divorced, you know that there's an awful lot of preparation and paperwork involved. In an ideal world, you've come to this decision agreeably and you're willing to work together to make the best of it. Even if you won't be battling it out in the courtroom, you still need to go through the legal motions to end the marriage and divide assets. A separation agreement achieves just that. This document is exactly what it sounds like: a binding agreement you both develop together. The point is to get everything in writing. Find compromises and divisions that work for you both, and sidestep the drawn-out process of having a judge rule who gets what...If the goal is to reach an uncontested divorce, a separation agreement is a huge piece of the puzzle! When you're working on a separation agreement, there are few critical things to keep in mind:

1. Use a Lawyer

First and foremost, hire legal counsel to help you put together a separation agreement. This is a contract, a binding document and you want to be as thorough as feasibly possible. Having an attorney to help is critical for leaving no stone unturned. In fact, you and the other party will likely want your own counsel. A legal professional helps you decide where to pick your battles, what you have claim to (if you have to take it to court), the best way to word things, and so on. The more familiar they are with these types of agreements, the better off you'll be.

2. Take Your Time

This is not a process you want to rush. Even if you're ready to tackle your divorce proceedings as soon as possible, make sure you approach your separation agreement with patience. Your attorney will be able to help you consider everything - but it's also up to you to carefully weigh what you want to achieve. You'll need to gather any and all financial information, debts, assets, property, and so on. Everything should be accounted for. Beyond just "stuff," you should also consider child custody, whether you plan to change your name, insurance concerns, taxes, and so much more. All of this takes time. Be patient and thorough, and don't make snap judgments. This document has a huge impact on your future, so it's important to get it right.

3. Compromise

This is a difficult process, no doubt. Working through a separation agreement means deciding who gets the house, vehicles, alimony, inheritance, etc. - and trying to find a middle ground can lead to bitter disputes. With this in mind, be willing to compromise where you can. Take the time to figure out your priorities, and plan ahead for where you can budge a little - and where you can't. If you can be flexible in some areas, you're more likely to get the things you really want. Planting your feet in the ground for every little thing, however, is going to create conflict - which is precisely what this agreement is meant to avoid. Of course, there may be areas of this agreement where the two of you can't see eye to eye on and your attorney should be able to help you find ways to meet everyone's needs. It's important, however, to remember that the other party also has priorities. They may not be concerned about what's best for you, and you likely have very different visions of the "best-case scenario. "Through all of this, be ready to compromise where you can - and where you can't, remain calm and work toward solutions. When preparing for divorce, a detailed agreement will lay out much of the future you can expect. Be diligent with the details and flexible with the outcome, and lean on your attorney's expertise to make sure all of the details are addressed.