If you are facing a separation or plan to seek a dissolution of your marriage, you must ensure you have documentation in place that safeguards your financial and personal interests. Even if you are unsure how you want to proceed with your marriage beyond the separation or you currently have an amicable relationship with your spouse, having your rights and duties formally entered into a binding document can save considerable stress and friction down the line.
An Upper Marlboro separation agreements lawyer could guide you through this process. Let our trusted family attorney leverage their skills and extensive background in this area of law to help you address concerns like child custody, child support, alimony, and other key matters of importance.
Importance of Creating a Separation Agreement
An Upper Marlboro attorney could provide advice and clarity through the process of executing a separation agreement while ensuring that all applicable provisions are included. It is important to understand that a separation agreement can eliminate any uncertainties about the rights and responsibilities of each party, either in anticipation of a pending divorce action or in the absence of one.
If both spouses continue ahead and decide to file for divorce, the judge will refer to the separation agreement when reviewing the final divorce decree. However, a separating couple need not plan to divorce in order to create a separation agreement.
Not only does a separation agreement create a legal framework to navigate this new and uncertain period, but it can also enact provisions and protections for each party. If one party later fails to observe the provisions of the separation agreement, the other person may have grounds to take legal action seeking enforcement. Violation of a legally enforceable separation agreement could result in the nonconforming party being found in contempt of court, which could lead to financial penalties and even jail time in some cases.
Elements of a Separation Agreement
A separation agreement can resolve uncertainties about issues such as custody and visitation rights if the two parties have children together. Matters such as spousal support, also known as alimony, and child support can also be outlined in a separation agreement.
Additionally, a separation agreement can specify how health insurance benefits will be distributed, as well as how responsibility for debts such as credit card debt or the mortgage for the family home will be managed. These agreements can also dictate how marital property is to be divided between each party. Separation agreements often include details about each party’s living arrangements during the separation or in anticipation of finalizing a divorce.
Separation agreements can be modified after the fact or even revoked if both parties agree to the terms and a significant change in circumstances occurs. An Upper Marlboro attorney could help with these changes, as well as in dealing with a contested action if one party wishes to modify a separation agreement and the other does not.
Contact an Upper Marlboro Separation Agreements Attorney
A separation agreement can help you ensure the arrangements that affect your financial rights and obligations, parental rights, and other elements specific to your situation are not left to chance. An Upper Marlboro separation agreements lawyer could help you create a document that not only conforms with the letter of the law but covers the range of provisions your situation warrants.
If you have questions about seeking a legal separation and establishing a separation agreement, the next best step would be to speak with a lawyer. Call now to schedule your confidential consultation.