You and your spouse should use independent divorce lawyers, even if you have agreed on the terms of your separation agreement. You and your spouse can try to get back together for up to 90 days without having to count the one-year period of separation again. However, if you stay together for more than 90 days, you must start counting the one-year separation from the date you separated again. For example, if you separated from your spouse at the end of January and reconciled for the months of March, April, May and June, you would count the requirement of one year from the date of separation in June, because you reconciled for more than 90 days. Establishing a separation agreement is generally beneficial as it avoids any misunderstanding and can allow you to separate on more consensual terms than if litigation is necessary. Unlike restrictions (often referred to as pre-nups), parties to a separation agreement can agree on ownership of the matrimonial home, as well as child custody and access. If you are separated or planning to separate, it is important to get legal advice. Talk to a lawyer you trust. Even if you don`t hire a lawyer, it`s a good idea to pay for a consultation, usually only an hour or something like that, to get proper legal advice about your rights and obligations. A “free initial consultation” gives you the opportunity to tell your story and help you and the lawyer decide if you will work together, but it replaces the initiation of legal advice.
Sometimes people use a term to mean something, but it`s important to know that their term they use may not accurately describe their situation. There can be serious repercussions on this person in terms of legal status and obligations. Remember that a “separation without breaking the body” cannot help you exempt yourself from obligations, unless there is something legally binding or effective. You need at least two copies: one for yourself and the other for your spouse. Be sure to print copies of the agreement before signing the agreement, so that each copy has an original signature. The following points can be addressed in a separation agreement: no formal legal proceedings are necessary to make separation legal. However, marriage is a legal relationship and can only end with a court order granting divorce. Remember that a separation agreement is not required by law to obtain divorce….