In general, there are two ways to achieve one`s own goals in the family court: negotiations (achieving an agreement) or litigation (go to a hearing or trial and let a family judge make the decision). Negotiations are generally less stressful and costly than litigation. Here you will find an overview of the issues that can be dealt with with a typical separation agreement: Separation Agreement Issues. When married parents separate, it is important to approach child custody at an early and in-depth stage. To deal with this situation, the expertise of professionals such as Kenny Leigh and Associates is usually needed to ensure that you have equitable access to your child, regardless of the relationship with your ex-spouse. Being calm and fair in a contentious time can only show your commitment to your child`s well-being, and the courts and judges will remember it. Separation agreements should be developed by a lawyer. Experienced lawyers at Haas Associates, P.A. can prepare a separation agreement or review an agreement developed by someone else. As you take generous precautions for children in a separation agreement and try to decide on custody and visitation issues, you should not restrict or circumvent your obligations to help your minor children. You should keep in mind that custody, home visit and child assistance issues are always dealt with in court and may be challenged whenever circumstances require a change. Spouse 1 pays spouse 2 the amount of “O” and each – regardless of your separation, a detailed education plan is essential. It provides structure and helps communicate on parenting issues.
If you decide to divorce, your parenting plan is also a good starting point for effective negotiations or mediation. A separation agreement must be voluntary. Neither party may be forced or obliged to sign such an agreement. It is important to understand that a separation agreement is not a court decision and that the court will not compel your spouse to respect the agreement using the court`s contempt powers. To ensure compliance, you can sue your spouse for breach of contract if he violates the separation agreement.