A separation agreement is the first step in a California divorce. In this
state, one spouse has to move away from the other, living in a separate
residency and avoiding any sexual contact, in order to start the divorce.
This begins with the separation agreement. Essentially, a separation agreement
is used to guide discussion about the spouse's living arrangements
while they are waiting for the divorce to become legal. The separation
agreement can take place at a family's kitchen table, in a mediator's
office, with an attorney, or at a coffee shop.
An attorney is not required for a separation agreement, but this is often
the best approach. With a professional attorney on your side, you can
trust that you are getting the assistance that you deserve in your case
and that you will not forget anything important which should be written
into the agreement. The agreement will discuss where any children will
live during the divorce process, and when the children will spend time
with each parent.
As well, the agreement needs to address how couples will pay living expenses,
such as the mortgage on a home, taxes, health care costs, groceries m
and costs associated with the children. In some cases,
alimony or child support may be necessary. The couple will also need to determine
who will manage assets such as bank accounts and investments during the
separation and whether the couple will sell or divide any property during
the separation period.
If property and income is collected during the separation period, this
agreement will guide how that is distributed. Post-separation income is
normally considered separate property, but some couples want to make sure
that this is put down in writing to help clear up any confusion later
on. Hire a Los Angeles family attorney at Claery & Green today if
you need more assistance in organizing and drafting a separation agreement.