Ellicott City Separation Agreements Lawyer
There are two types of divorces—contested divorces and uncontested divorces. If the spouses can agree on all divorce matters, including division of assets and debt, child custody, alimony, and child support, then the divorce is considered uncontested, even if it takes many months of negotiating and mediation to get to that point of agreement. If the spouses still cannot come to agreement, the divorce is considered “contested” and it will go to court, where a judge will listen to each side’s arguments, then make an impartial, and final, decision. The vast majority of divorces are uncontested. Only around five percent of divorces are decided in the courtroom, according to CBS News. Through mediation, collaborative divorce measures, and negotiation, if the divorce is to remain uncontested and avoid the courtroom, a separation agreement must be drafted and signed by both parties. Our Ellicott City separation agreement lawyers can help you and the other party come to this point, and avoid a costly, time-intensive, and stressful divorce trial.
The Goal of Mediation and Negotiation is to Reach a Separation and Property Settlement Agreement
Some couples are in agreement right away when it comes to divorce issues. If this represents you, you still need to have an attorney review your Separation and Property Settlement Agreement before submitting it to the court to ensure that it does not include any mistakes, or potential issues that the court may not allow—such as an obviously unfair deal for one of the spouses. For most couples, there are issues that will need to be worked out before they are in agreement. In fact, negotiating the particulars of your divorce may take quite a bit longer than you think. According to a study by the IACP, 40 percent of uncontested divorces take seven to 12 months. An additional 32 percent take 12 to 24 months. During this time, the two parties and their attorneys will gather information and negotiate the terms of the divorce. Collaborative divorce is a method of dissolving a marriage in a peaceful, non-argumentative way. While the spouses may disagree on some key issues of the divorce (or all of them) collaborative practices include communication, constructive dialogue, making compromises, and trying to see where the other party is coming from. Even if your divorce is not considered a collaborative divorce, you still need to come to a Separation and Property Settlement Agreement in order to avoid a trial. In fact, even if your divorce is heading that way (to court), it can be avoided at any time once an Agreement is formed between the two parties. Once such an agreement is made and reviewed by attorneys, whether it is made right off the bat or many months later, it will be submitted to the court
What Should Be Included in The Separation Agreement?
You may need to include some or all of the following key issues in your Separation Agreement:
- Terms of the separation;
- Distribution of assets;
- Distribution of real property and personal belongings;
- Legal fees;
- Responsibility for debt;
- Custody of children;
- Parenting plan;
- Child support;
- Health insurance; and
Contact an Ellicott City Separation Agreements Attorney Today
Here at Weinberg & Schwartz, L.L.C., our Ellicott City separations agreement lawyers can help you and the other party come to this point, and avoid a costly, time-intensive, and stressful divorce trial. Call us today at 410-997-0203 to schedule a consultation.