Separating from your spouse can be a very painful process for everyone involved. Not only will you face emotional challenges as you proceed through the process, but you’ll also face financial and legal challenges as well. It is important to feel in control of your divorce process. A Separation Agreement allows both parties to decide what is best for themselves and their children and make their own decisions with that regard accordingly. Letting a court decide a resolution to the various issues involved should be your last resort. It is always best to attempt an amicable resolution before engaging in lengthy, expensive, and stressful litigation.
What Issues of a Divorce Matter Can Be Addressed and Resolved in a Separation Agreement?
Separation Agreements can cut through a lot of the complications that arise when cases end up in court. These agreements address all the issues in the divorce, such as custody and visitation schedule for the children, child support, alimony, division of assets, and all other personal and financial matters that may be at issue in your impending divorce. When the disputed terms are discussed, negotiated, and agreed upon, a Separation Agreement can make a difficult process proceed much more smoothly and with reduced emotional and financial consequences.
When the Separation Agreement is drafted, the document will handle the following items:
- Child Support
- Division of Assets
- Health Insurance
- Questions of Income Taxes
- All other issues specific to your case
When anticipating or contemplating a divorce, having your legal options explained to you is the first step. This will be a roadmap used to draft the Separation Agreement moving forward in the process. It’s essential that you have knowledgeable and trusted legal advice from an experienced attorney. Zhanna Maydanich, Esq. at ZM Law group has the experience and the knowledge that ensures that your agreement is air-tight and that no details will be left unaddressed.
Can Separation Agreements Be Modified After They Are Signed by Both Parties?
Though separation agreements are legally binding upon execution, circumstances can change, especially with matter regarding the children. If both parties wish to amend their agreement, they can certainly consult an attorney to do so. However, unless the issues concern the children, both parties would need to agree to amend their Separation Agreement for the terms to be changed. However, there are certain circumstances that terms not relating to the children can also be modified, depending upon the language used in the Separation Agreement itself. In all cases all the terms in the fully executed Agreement are enforceable and must be strictly followed unless or until there is a mutually agreeable amendment or a Court orders otherwise.
Mediation vs. Litigation
The more time you spend fighting each other through the Court process, the more expensive the case is for you. The emotional toll the litigation process takes on both parties and their children is enormous. Ultimately, the longer you remain adversaries in a Court proceeding, the more stressful the situation is going to be. Therefore, rather than engaging in a lengthy litigation process, you can seek assistance from a mediator to assist you and your spouse with reaching an amicable resolution. However, before going to mediation, it is imperative to know your legal rights and the strengths and weaknesses in your case. This will serve you well in mediation. Empowering yourself with knowledge and perspective is the key to a productive mediation process. It is highly advisable to first consult with an attorney before going to mediation. At ZM Law Group we encourage engaging in an amicable resolution process before moving forward with contentious litigation.