If you are in the process of getting separated from your partner in Yuma, Arizona, Schneider & Onofry, P.C. are separation agreement lawyers near you who can help you with a separation agreement and assist you with your divorce. If you are married and plan to live apart from your partner, a separation agreement is essential. Without the legal protections of divorce, any financial decisions your former partner makes could impact you. For example, if your partner takes on new debts while you are separated, you could be held legally responsible for these debts when the time comes to divorce. The best way to protect your interests is to have a sound separation agreement in place. If you have children, you’ll also want to have a clear parenting plan in place and sort out child support. Schneider & Onofry, P.C. are separation agreement attorneys and divorce lawyers in Yuma, Arizona who can help you put a separation agreement in place that will protect your interests and rights.
Separation Versus Divorce in Yuma, Arizona
Divorce is a legal process that results in the formal ending of a marriage. Separation may involve both people living apart for a period of time before they formally end their marriage. Why would some couples choose to separate before they divorce? There are many reasons. Some couples are not sure they want to divorce and want a trial period where they will live apart. Some couples ultimately go on to divorce after this period, while others reconcile. However, if you plan to live apart for any period of time, it may be wise to have a separation agreement in place to protect your financial and legal rights. Other couples choose to separate before divorcing because they are not financially prepared for the financial implications divorce brings. Sometimes individuals can lose their health insurance coverage if they get divorced, others can lose their work visas, or lose certain tax benefits when they divorce. Some couples may own a home together and cannot yet afford to sell the home or leave the home. Couples who are concerned about losing certain rights, may choose to separate rather than divorce. While divorce offers the greatest protections and gives both parties the right to remarry, there are certainly good reasons why couples might choose to separate first. If you are planning to separate, whether you are living together or apart after the separation, it is important to take steps to protect your legal rights. Schneider & Onofry, P.C. are divorce lawyers in Yuma, Arizona who can review your separation agreement, help you create a sound separation agreement that can serve as a solid foundation for a divorce agreement (should you choose to take that route), and help you understand your rights. Contact us today to learn more.
What Should Be Included in a Separation Agreement in Arizona?
Some couples falsely believe that during a separation they won’t have to deal with any of the questions divorce raises. Unfortunately, when separating, it is often even more important to ask the same tough questions divorcing couples need to consider. For example, your separation agreement should include specifics about how you’ll divide bank accounts, assets, debts, the family home, and should also include a parenting plan specifying how child custody will be handled. What are some key things to consider in your Arizona separation agreement? Here are some questions you’ll need to consider:
How will bank accounts and debts be divided?
Any financial decisions your partner makes during your separation can impact you financially. For example, if your partner takes on new debts, gambles your assets, or makes unwise investment decisions, you could be on the hook for these choices if you are not divorced. If your partner makes an early withdrawal on a retirement account, you could be on the hook for tax penalties. If you are getting separated, it is important to take steps to protect your rights and finances. This means making decisions about dividing assets and debts and making clear that neither party will be responsible for debts the other party takes out after the separation date.
What will happen to the family home?
Will you put the family home for sale? Who will be responsible for the mortgage if one person moves out? If you choose to live together, what are the ground rules? A separation agreement can either make arrangements for your family home, or at least put a plan in place for how the family home will be managed should you get divorced.
If you plan to live in separate homes, but even if you plan to live together, it is wise to put a parenting plan in place. The parenting plan should be just as thorough as a divorce parenting plan would be. This includes specifying where the children will live, how visitation will be arranged, when it will happen, and how major decisions for the children will be made.
If you and your partner will live apart, one party may be required to pay child support. Schneider & Onofry, P.C. are divorce lawyers who can help you navigate the process of putting a child support order in place.
If one party owes more than the other, one party may be responsible for paying spousal support during the separation. Schneider & Onofry, P.C. are divorce lawyers who can help you put a spousal support arrangement in place that can serve as the foundation for alimony should you choose to get divorced.
These are just some of the factors that you should consider when separating from your former partner. Schneider & Onofry, P.C. are divorce lawyers who can help you navigate some of the tough decisions that can arise when you are going through a separation. Separation is a serious step and Schneider & Onofry are separation lawyers who understand how tough it can be. Let us help you navigate the process, so you can focus on moving on with your life.