Separation vs. Divorce
Separation Versus Divorce
Many people have questions about the difference between divorce and separation. In order to get an absolute divorce, you and your spouse need to live separately for one year. You do not have to file a legal separation agreement or any documents to begin the separation period.
If you have questions about divorce and separation, speak with lawyer Amber Billick at Billick Family Law. We have extensive family law experience and will work hard to protect your interests. To make an appointment with our Concord legal separation attorney, please call or contact us online today.
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How Does A Separation Agreement Work?
If you and your spouse can agree to the terms, a legal separation agreement and property settlement can be used to resolve the issues of property division, spousal support, child custody and child support. The terms of your agreement may be incorporated into a final divorce decree after the one-year separation period has expired.
While the agreement can address custody and child support, either party may seek a modification of those issues from the court based on a change in circumstances.
To protect your rights to property, other assets and to protect your children, it is a good idea to work with an attorney when drafting a separation agreement. When couples attempt to do this without a lawyer, they often make mistakes that are impossible to correct. A common mistake is the failure to clear the title to jointly owned property, thus necessitating a costly partition proceeding in the future.