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
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. One potential client, who did not retain Ms. Wagner due to financial reasons, prepared a Separation Agreement with her husband and they finalized their divorce on their own. Several years later the same client came back to Ms. Wagner but, at that point, there had been six or seven enforcement motions filed and Ms. Wagner was not able to assist the woman at that late date.
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 and the divorce is not finalized, its terms may become stale over time. Situations may change for the parties, assets may be dissipated or acquired and the old Separation Agreement may not be indicative of the current situation.
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 call the Law Office of Katherine Wagner today to discuss your rights and obligations.
Serving Somerset County, Somerville, Hillsborough, Bridgewater, Bedminster, Raritan, Basking Ridge, Bernardsville, Bound Brook, Manville, Middlesex, Piscataway, Warren, Martinsville, Franklin, Branchburg and other Central New Jersey families.