Sometimes, a couple is unhappy living together, but they are not ready to dissolve the marriage. Other couples have religious or other reasons for staying married and may view living apart while married as a permanent condition. A legal separation may be a viable alternative in either case.
Formalizing the arrangement through the court allows the couple to obtain an enforceable agreement regarding property division, spousal support, and issues relating to co-parenting the children.
Contact a Southbury separation agreements lawyer when you and your spouse are considering a legal separation. Our marital agreements attorneys can shepherd you through the process of obtaining a legal separation and help you prepare the documents that will govern your lives as a separated couple.
A divorce and legal separation are similar, except that a legal separation does not leave a spouse free to remarry, and a legal separation is reversible. Even so, a couple seeking this arrangement must take many steps. If the couple eventually decides to divorce, a court could convert the separation agreement into the marriage dissolution decree.
The spouses must decide how they will divide their marital property, which is everything they acquired during their marriage. Unless the couple signed a contract before or during their marriage indicating otherwise, they must divide all marital property fairly. The separation agreement should delineate who receives which asset, who is responsible for taxes due, how they will divide their debts, and similar issues.
The separation agreement must address spousal support. The couple can waive spousal support but should explicitly do so in the agreement. If one spouse requires ongoing support, the agreement should describe the amount of support they will receive and its duration. A lawyer in Southbury can help a spouse advocate for or against spousal support.
If the couple has minor children, their separation agreement must include a parenting plan. Connecticut General Statutes § 46b-56a(d) describes the contents of a plan. It must include a schedule of where the children will stay on each night of the week and on holidays and describe how the parents will make decisions regarding the children, resolve conflicts between themselves, protect the children from exposure to their conflicts. A Southbury attorney can help a spouse develop a parenting plan as part of the separation agreement that will work for their household.
A judge reviews parenting plans carefully. Even when the parents agree on a plan, the judge will scrutinize it to determine whether it is in the children’s best interests. The factors a judge may consider when making the best interest determination include, among others, the:
The court also considers the parents’ wishes and the children’s preferences, but these are two of many factors that determine best interest.
Ideally, parents come up with a parenting plan they agree on and submit it to the court. Parents who are having trouble developing a plan could seek help from a mediator, divorce coach, or other professional. When the parents do not agree on a plan a court will impose one, but a parent-developed plan is usually far more workable than a plan a court creates.
Couples decide on legal separation rather than divorce for many reasons. Whatever the motivation, filing separation agreements with the court offers both spouses and their children legal protection.
Contact a Southbury separation agreements lawyer when you begin considering legal separation. Our attorneys can explain the process and help you achieve your goals. Call today to discuss your needs.
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