February 16, 2023

Why You Should Consider a Separation Agreement Over a Divorce

Getting separated from your partner can be challenging. It doesn’t matter if you’re going through a divorce or going for a separation agreement; it’s still not an easy journey. For many people, divorce is the only way to do it, but for some, it might not be an option because of financial, medical, or religious reasons.

A married couple may choose to legally separate where they are free to negotiate child custody, spousal support, and the division of property without dissolving their marriage. That said, even if the separation is amicable, both spouses should still get the help of a legal separation attorney.

If you’re wondering if a separation agreement is the right route for you, read on as we share some reasons why it can be an excellent option to consider:

You Can Avoid the Stress of Divorce Proceedings

A separation agreement refers to a legally binding contract outlining the details of a couple’s separation. It covers issues such as the division of assets, spousal support, and child custody. By entering a separation agreement, couples can avoid the stress of navigating through the divorce process.

One of the significant benefits of a separation agreement is that it allows couples to come to an agreement on their own terms. It lets them communicate with each other and negotiate a fair and equitable arrangement that works for both parties. This eliminates the need for costly and lengthy court proceedings.

You Can Maintain Control Over Property and Finances

One of the biggest advantages of a separation agreement is that it allows you to determine who gets what when it comes to property and finances. You can decide what assets and debts will be divided between the two of you, how much money each of you will receive, and how much support (if any) is to be paid. This allows you to ensure that your assets and debts are divided in a fair and equitable way for both parties.

You Can Keep Your Health Insurance Coverage

One of the best reasons to consider a separation agreement is because it can help you keep your health insurance coverage. This is especially true if you are leaving a job that offers health insurance benefits or if you and your spouse both have health insurance coverage through the same employer.

A separation agreement can allow you to keep your health insurance coverage without having to pay for it out of pocket. This can be incredibly beneficial, especially if you need extensive medical care or a chronic illness requiring ongoing treatment. In addition, if you and your spouse have children, a separation agreement can also give you the ability to maintain their health insurance coverage.

It’s Less Expensive and Time-Consuming

Getting a separation agreement can often be less expensive than filing for divorce. This is because it eliminates the need to go through the court system, which can be costly. Additionally, since the agreement is negotiated between the spouses, there is no need to hire an attorney, which can be significant cost savings.

A separation agreement also takes less time to complete than a divorce. This is because the deal is negotiated between the spouses, which saves time in the court system. The agreement can be completed much faster than a divorce.

Why You Still Need a Lawyer for Your Separation Agreement

No matter how well you and your spouse agree on the terms of the separation agreement, disputes can still arise. A lawyer can help resolve these disputes quickly and efficiently and ensure that your rights are still protected.

Also, a separation agreement is only enforceable if it is properly drafted and signed by both parties. A lawyer can ensure that the agreement is properly drafted and enforceable if one party fails to abide by the terms of the agreement.

A lawyer can also provide valuable advice and explain the implications of the separation agreement in detail.

Conclusion

A separation agreement can be a beneficial option for couples who do not want to continue their relationship. It allows both parties to come to an agreement on issues such as child custody, financial support, and division of assets while avoiding the costs and potential delays associated with a court hearing. A family lawyer can help you ensure that everything goes well with your separation agreement.

Dorsey Law JAX offers the services of a seasoned family lawyer in Jacksonville, FL. Schedule your appointment today, so we can discuss your case!

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