Bergen County Separation Agreements Lawyer
Filing for divorce is a difficult decision that should never be made lightly. Divorce is a final separation that severs the legal bond between two parties, and it can be a lengthy and costly process to undertake.
As an alternative to divorce, some couples may wish to attempt a separation. This process can have many of the same legal effects of a divorce without the necessity of going to court. If the two parties can agree as to how they wish to settle their affairs, a separation agreement may be an appropriate option for their case.
A Bergen County separation agreements lawyer could help couples draft and enter into an arrangement that meets their needs. An experienced family attorney could explain the impact of a separation agreement on the division of assets, the custody of children, and the creation of spousal support.
Comparing Separation Agreements and Divorce Decrees
A traditional divorce fully breaks off the legal connection between two people. Consequently, the parties in a divorce action must request that a court consider their case, even if the couple has agreed on how their marriage must end.
A separation agreement allows the two parties to operate as separate households without becoming formally divorced. To accomplish this, the couple must enter into a separation agreement that outlines the legal rights of both parties in a similar way to a divorce decree. While the advantage here is that neither party needs to go to court, it should be noted that neither party can remarry since there was no formal divorce.
Separation agreements must cover certain key areas of a former couple’s future. These include:
- The division of assets and debts
- Distribution of physical property
- Child custody, support, and visitation
- Alimony or spousal support
A Bergen County lawyer could review a couple’s case and help determine whether a separation agreement is appropriate for their situation.
How a Separation Contract Could Affect the Future
Given that a separation agreement is a binding contract between the two parties, each signer has an obligation to follow the terms to the letter. Accordingly, a breach of the contract may be a cause of action for a party to file a lawsuit in civil court.
For example, if Party A fails to provide a child support payment, Party B could file a suit in court alleging a breach of contract and demanding payment. A separation agreements lawyer in Bergen County could explain the various terms of the contract and what potential penalties they or their former spouse may face if a breach does occur.
A separation agreement could also have an effect if the two parties decide to pursue a formal divorce at a later date. Courts could merge a separation agreement into any divorce decree, making the agreement a matter of family law enforceable by the court.
Get in Touch with a Bergen County Separation Agreements Attorney
Not every marriage that breaks down needs to end with a formal divorce. If the two parties wish to go their separate ways without involving the courts, a separation agreement may be a viable option. Separation contracts could serve to protect each party’s assets, provide future stability, and speak as to their children’s futures.
To discuss your situation and your legal options, reach out to a Bergen County separation agreements lawyer today.