For spouses who are able to discuss matters attending the end of their marriage openly, presenting the court with a signed and notarized separation agreement might make divorce easier. However, for a court to accept your separation agreement, you and your spouse must first address all relevant issues in writing. Experienced Separation agreements must resolve all of the issues a court would ordinarily consider when hearing a divorce case. These issues include, but aren’t limited to:
- The obligation of one or both spouses to pay alimony, and how much is due
- Allocation of all parental rights and responsibilities, including custody, child support, and visitation rights
- The division of assets and debts, including property
- Medical insurance coverage policies
- Tax filings
A separation agreement isn’t the same as a divorce decree. The judge will review the separation agreement you and your spouse drafted to ensure that it addresses all issues relevant to the end of your marriage and fairly distributes all rights and responsibilities. After reviewing the agreement, the judge might decide to allow the terms you and your wife agreed upon to be included in the court order terminating your marriage.
Though the open talks to draft a separation agreement might reduce the tension that often accompanies end of marriage proceedings, many of the issues you and your spouse will discuss can be complicated. Our New Jersey divorce lawyer has over 25 years of experience counseling clients through this rigorous process. Please contact the Law Offices of Anthony Carbone or call 201-963-6000 today to schedule your personal consultation.
