For many people considering divorce, a key question is whether or not they should develop a separation agreement or legally separate before filing. Today, we're covering whether a separation agreement is right for your divorce.
Our divorce attorneys can help you pursue the best outcome in your divorce. Contact us online or via phone at (908) 274-3028 to schedule a consultation with our team.
You Think Reconciliation is Possible
If you believe reconciling with your spouse may be a possibility, legally separating from them could help you pursue that goal.
For couples considering divorce, spending some time apart from one another can be what the parties need to discuss their differences and overcome them. In addition, having some time alone can allow spouses to "reset," get some time to think about whether they really want to save the marriage, and can encourage a more amicable environment during counseling (should the parties seek a divorce therapist).
You Both Benefit from Staying Married
One of the major benefits of remaining legally married is that it enables spouses to continue using a joint insurance plan (if they have one), as well as continuing to share other types of family or marriage-based benefits.
Additionally, depending on the circumstances of your divorce, you may want to take steps such as selling the marital home. If that's the case, you could get a better price - and therefore end up better off - by waiting to finalize your divorce until the housing market is in a good place to put your living space up for sale.
You Want More Time to Negotiate Terms for the Divorce
While separated, you can take the time to negotiate divorce-related matters with your spouse, such as how you want to divide property, handle child support and custody, and deal with alimony.
If you can't agree on these matters, you'll need to pursue a contested divorce, which tends to be significantly more expensive and time-consuming than an uncontested divorce. Legally separating can enable you to negotiate an uncontested divorce more amicably with your spouse.
Our family lawyers can help you find the best path forward in your divorce and decide whether to separate from your spouse. To schedule a consultation with our team, contact us online or via phone at (908) 274-3028.