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 & Hammond today if you need more assistance in organizing and drafting a separation agreement.