Three Things To Include In A Separation Agreement When Going Through A Divorce

Getting divorced can be a tedious process because there is often so many things that have to be decided on before the divorce can be finalized. When you file for a divorce, you often need to have a game plan in mind for how you want to handle the situation. Divorces can take months or even years before they are finalized depending on the messiness of the divorce.

Separation agreements are often put into place to ensure that both parties are able to have guidelines to follow until the divorce is finalized. The following guide walks you through a few things that your divorce attorney can include in the separation agreement to ensure the best situation possible:

Determine Who Stays and Who Goes

When you and your spouse decide that it is time to get a divorce, determining who stays in your marital home and who has to leave can be difficult. Your attorney can present the court with a motion to have your spouse removed from your home so that you can stay in it, if you have children that you need to care for.

If your spouse is attempting to make the process more difficult than it has to be, the order will ensure that you and your children are able to stay in a safe environment until the divorce is finalized. The motion will be legally binding and if your ex ignores the order, you can call the police and have him or her arrested for failure to obey a court order.

Establish a Visitation Schedule

If you have children with your ex, you cannot keep the children from him or her. A temporary visitation schedule can be established to ensure that your children are still able to see both of their parents on a regular basis. If you feel that your spouse is a danger to your children, you need to have your divorce attorney file a motion to block any and all visitation with your children prior to an impartial party doing an evaluation to determine if your spouse is fit to have the children on his or her own.

Establish a Temporary Division of Assets

If your spouse was the breadwinner of the family and you do not have a job or any assets of your own, the court can order a temporary division of assets to take place to ensure that you and your children are able to survive until you are able to establish yourself. Your divorce attorney will know how to determine the amount that you will need in order to survive from month to month and petition for that amount from your ex.  

Your attorney will advise you as to which options are best for your particular situation. If you have children with your spouse, you want to end things as amicably as possible because you will still have to be around him or her in the future. Hiring an attorney who specializes in divorce law will ensure you get everything you are entitled to get and do not have to walk away from the relationship empty handed.

To learn more, contact a company like Finocchio & English with any questions you have.