SEPARATION AGREEMENTS
Most couples going through a separation and divorce are able to settle their custody, support and property claims without going to court. In those cases, a separation agreement is necessary in order to preserve the parties’ settlement and make it legally enforceable.
A separation agreement can simply provide that the spouses will live separate and apart from each other, without resolving issues concerning children and finances. A separation agreement can also address and resolve issues pertaining to custody and support of children, spousal support and equitable distribution of property and debts. If it does so, the agreement may have a different name, such as, for example, a “Separation and Property Settlement Agreement” or a “Marital Settlement Agreement”.
Settling your claims through a separation agreement usually is less expensive than going to court. By resolving your claims through a separation agreement, you also avoid the conflict and anxiety that oftentimes is an unfortunate consequence of litigation.
We believe that the interests of our clients and their children are best served by avoiding the costs and conflict associated with lawsuits, if at all possible. We will initially explore whether a separation agreement is appropriate in your case.
Mediation or arbitration oftentimes is a successful way to settle out of court. We will examine your case to determine whether mediation or arbitration is recommended and, if so, we will help select the mediator or arbitrator and prepare your case.
Sometimes it might be in the best interest of a client to have his or her claims and issues resolved through litigation instead of through out-of-court settlement negotiations. Also, it may not be possible, through settlement negotiations, for a client to reach an agreement with his or her spouse. In those instances, we may recommend litigation. Even in those cases where litigation is initiated, it is possible to settle before trial and to have a court order by consent of the parties without going before a judge.
Horack Talley family law attorneys will consult with you to identify your concerns and goals, and then help you decide whether resolving your claims through either a separation agreement or through litigation would be appropriate for your situation. We are experienced in the careful, thorough drafting of separation agreements. We will perform the necessary investigation into assets, debts and income in order to achieve the best financial outcome for you. We will also advise and negotiate for you the parenting plan that is in the best interests of your children.
