Separation Agreements in Columbia County
When contemplating a marital separation, it is wise to write and sign an agreement that lays out the terms and expectations for both parties. Because separation can involve many different financial dynamics, it is critical that everything is handled with careful attention to detail. A dedicated family lawyer could assist you by filing a separation agreement in Columbia County that treats both spouses fairly.
Does Columbia County Allow Separation Agreements?
Columbia County lets estranged spouses enter into a separation agreement to address the division of their assets, liabilities, support, child custody, et cetera. Separation agreements are legal contracts filed with the clerk’s office in the county where either party resides, and they can keep that agreement active for as long as they like. The agreement affirms that they are going to be living apart and must be submitted in writing in order to have any sort of legal enforcement.
What Steps Are Involved in a Local Separation?
Normally, parties will already have agreed to live separately by the time one of them comes to an experienced attorney. The terms of their separation agreement will be made into a legal contract and shared between the parties to review. If all the terms are accurately set forth, they will sign it from a notary and file it with the county clerk’s office.
No court is involved in a separation agreement, so there is no intervention in the event that someone is obstructive or does not agree to the terms. Thus, it needs to be entirely agreed upon and negotiated between the parties without assistance from the court.
Terms of Separation Agreement
A separation agreement would address every asset that the couple has acquired during their marriage, meaning they would need to divide assets such as bank accounts, retirement funds, and investments, among other things. Other common subjects addressed in local separation contracts include:
- Custody over a child
- Child visitation schedules
- Child Support
- Counsel fees
- Allocation of debt
The attorney will oversee the signing of the document, notarize it, and forward it to the county clerk’s office.
Requirements During Separation
A separation agreement in Columbia County may require one party to transfer certain assets to the other in order to fairly divide their property or to refinance a marital residence into their own name to remove that liability from the other spouse. They may even have to pay out a share of that asset to the other spouse. There may need to be transfers of retirement assets and 401Ks between the parties, or obligations to pay support to the other spouse and/or the children.
Can a Local Family Court Invalidate a Separation Agreement?
A local family court has the power to invalidate a separation agreement, although it is not common. Typically, an agreement would come before the court when one party is seeking to resolve a divorce with the incorporation of this agreement. If the other party alleges that they’re being coerced to sign it or that it’s unfair, there is potential for the agreement to be overturned.
Let a Columbia County Attorney Help with Your Separation Agreement
If you and your spouse have decided on a separation, you may be juggling many different emotions. Do not let that affect the terms of your separation agreement in Columbia County. Call today to see if a compassionate attorney could assist in making the best of a difficult situation.