Drafting A Separation Agreement

The decision to end a marriage is a difficult one and it doesn't bring an immediate resolution to the challenges that plague your relationship. The dissolution of a marriage is a process — often a lengthy one — and the sooner you and your spouse resolve the many issues accompanying the absolute divorce, the sooner you can move on with the important things in life. Separation agreements and property settlement agreements can address shared custody, visitation, spousal support and property division cases.

At Helton, Cody & Associates, PLLC, our attorneys craft separation contracts with each client's individual needs in mind. Because separation agreements are contracts between the two parties, they are generally intended to provide a permanent solution to nearly all matters between the parties; thus, they can be quite difficult and expensive to modify. This means it is important to have a knowledgeable lawyer create and review an agreement before you sign it.

When you turn to our law firm, we will meticulously draft a separation agreement that works for you and your family.

What Can This Document Do?

A separation agreement is a legal tool that allows spouses to agree on the numerous issues that arise after the parties have separated, thus avoiding a more costly court battle. It allows you to permanently determine nearly all things regarding the dissolution of the marriage, including:

  • Who will live in the house and who will move out
  • Who will own which vehicle
  • Who will have the kids on which days
  • Who will pick up the children from school or day care
  • Who will pay the household bills
  • Whether one party will pay post-separation support or not

Get Representation Who Has Your Best Interests At Heart

Many people mistakenly believe only one attorney is needed to handle all aspects of divorce proceedings. When their soon-to-be ex-spouse hires a lawyer, they may think that attorney will do what's in each spouse's best interests, oftentimes trusting what they say and automatically signing any legal document put in front of them without reading it first.

This naiveté could get you in trouble, because there is no guarantee your spouse's attorney will put your best interests before their own client's needs. This is why it's a good idea to hire your own attorney and have them carefully review all documents and offers before signing anything.

Important note: Some separation agreements are treated as court orders, which means if you violate the agreement, you may be held in contempt of court instead of facing a breach of contract claim.

Always assume that anything you sign can be held against you and enforced by the courts later on. Saying you did not understand the terminology used in the contract does not relinquish you of your responsibility to uphold your end of the contract.

If your spouse is asking you to sign a separation agreement or another legal document, do not sign it. Instead, schedule a one-hour consultation with one of our attorneys who can review the document with you to make sure your interests are not being taken advantage of.

Learn More About Legal Separation

At Helton, Cody & Associates, PLLC, we take pride in offering dedicated and caring service to individuals and families throughout the Hickory area and western North Carolina.

To arrange an appointment about legal separation and what it means for you, contact us through email or by calling 828-848-8776 or 888-321-0494 (toll free). We charge $200 for a one-hour consultation.