When a couple separates or divorces, they may choose to enter a legal agreement to legitimize the terms of their separation. A separation agreement can offer many advantages as opposed to letting a judge make decisions about your case.
Even if your relationship with your spouse is less than amicable, an attorney trained in advanced negotiation techniques from our Mesa location at Dana Park could still help you draft a legally binding agreement to protect your interests. A skilled Mesa separation agreements lawyer could protect your rights in drafting stages and during court proceedings.
What is a Separation Contract?
Arizona Revised Statute §25-317 states that separation agreements must be in writing and fair to both parties. These agreements should include terms to resolve contested issues in a couple’s divorce, such as:
- Division of marital property;
- Spousal maintenance;
- Child support; and
- Child custody and parenting time.
If the terms aren’t fair to both parties, a judge may reject their agreement and ask them to submit a revised document. While every case is different and the terms can vary greatly, a Mesa separation contract attorney could provide valuable insight about appropriate stipulations to include in your agreement based on your circumstances.
Advantages of a Separation Agreement
A judge’s understanding of a family’s best interests will be limited regardless of the evidence presented in court. It follows that separation agreements may be more detailed and creative as well as better suited to individualized needs.
When a divorce is amicable, a separation agreement may be easier to draft and legitimize. However, even couples who can’t agree on much may find negotiating contract terms more beneficial than leaving important decisions to a judge.
What Are the Advantages of Legal Separation for a Person Who Just Moved to Mesa?
A person who moves here from another state has to be here for 90 days before they can file for divorce. However, that’s not true for legal separation. So, if a couple has just moved here from out of state and they want to get a divorce, we can file for a legal separation to get the process started and later convert that to a divorce. This way, they won’t be stuck waiting for 90 days.
A separation agreement may include terms which aren’t modifiable after it is issued. For example, terms regarding property division may not be modified, and some agreements may also prevent the modification of spousal support. A person negotiating a settlement in their divorce or separation should seek legal guidance for help with understanding an agreement before signing it.
Amicable parties may choose to leave out certain stipulations, as they aren’t issues at the time of drafting their agreement. However, leaving out essential conditions may create problems in the event of future conflicts.
An experienced separation agreements lawyer in Mesa may be able to help you avoid many of the pitfalls associated with these contracts. Ensuring that a legally binding document contains fair and detailed terms can help prevent conflicts with your former partner.
Negotiating contract terms could remove uncertainty from your divorce or separation. Drafting an agreement with your spouse and an attorney offers more control over what happens to your family and property in the event of dissolution.
A Mesa separation agreements lawyer could help you avoid future disagreements with your former spouse by representing your interests during negotiations. Call now for a consultation with our well-versed team to learn more about your legal options.