Divorce And Separation Agreements
Divorce/Dissolution Of Marriage
Divorce is defined as the legal separation of two people affected by the judgment or decree of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. (Black’s Law Dictionary Sixth Edition)
Divorce and related legal matters can be overwhelming. If you’re going through a divorce, you probably have a lot weighing on your mind. Susan J. Lax can guide you through the legal issues related to your divorce so that you can focus on moving forward with your life.
Separation agreements are used to divide/settle any property, debt, alimony, child custody, child support, visitation, insurance, and tax issues that may lie between two parties. It can be submitted to the court prior to a divorce proceeding or can be considered by the presiding judge in the final divorce hearing.
There are three general situations in which separation agreements are used:
(1) when a married couple has decided to separate for the time being, but are not ready for a divorce so they can document when they started independent living arrangements and so that they can divide their family and financial responsibilities while they are separated.
(2) when a married couple has decided to divorce and already know how they would like their assets, debts, properties, and responsibilities broken down for their children. Instead of a court deciding how to divide the responsibilities they chose to create a separation agreement and can submit it to the court to become a part of the divorce decree or dissolution decree.
(3) if a married couple wants to live separately and apart permanently but maintain their legal relationship status of being married, also known as a legal separation. There may be health or religious reasons to choose a legal separation instead of a divorce.