A separation agreement is the ultimate end result of divorce negotiations between you and your spouse. It is a legally binding contract that forms the basis of a court order that marks the end of your divorce. It is impossible to overstate the importance of a separation agreement. The decisions that you make now will impact your life for a long time to come. Therefore, It is essential to use strategy and foresight when you are negotiating a separation agreement with your spouse. An experienced divorce lawyer can provide you with both guidance and advocacy during the course of this process.
What Is in a Separation Agreement?
The separation agreement will resolve all of the key issues involved in your legal relationship with your spouse. Since a marriage is a legal union, you must negotiate an end to it, or a judge decides matters themselves. The goal is to reach a separation and ensure that your divorce is a low-conflict one. Until you are able to agree on all the terms, you should never forget that your divorce can be contested. A separation agreement can lead to an uncontested divorce, but only after you extensively negotiate with your spouse.
A separation agreement may include the following:
- Property division: Kansas law applies the principles of equitable distribution, meaning a court would look at various factors that invoke fairness when deciding how to apportion the marital property. This part of the divorce involves division of both assets and debts that a married couple had.
- Alimony: if there is a disparity in the financial situation of the spouses, when one has the potential to have a much higher standard of living, one spouse may need to pay support to the other. The spouses can resolve this through an agreement with each other.
- Custody: The parents may agree to share physical custody of the children, or they may reside primarily with one parent, while the other has visitation rights.
- Visitation: If one parent has legal custody, the other would have visitation rights. Parents often have difficulty figuring out a visitation schedule that is in the best interests of the children. They may need to get creative and compromise to figure out what works best for everyone involved.
- Child Support: Under Kansas law, child support is determined by guidelines. However, there are potential disputes about what income each parent claims and what things may be covered by child support.
- Decisions regarding the children: There is a presumption that both parents would participate in any decisions regarding the children. However, the separation agreement may give a framework in which these decisions are to be made, along with certain guidance, such as religious principles.
How Separation Agreements Are Reached Between Spouses
Each spouse has legal rights in a divorce. No one spouse can impose their will on the other. Separation agreements are negotiated solutions in which the spouses would compromise on the key matters. Each spouse may start off with their opening position about what they want in a separation agreement.
In some cases, spouses may start off far apart, and the divorce may look like it can become contested. A separation agreement is never out of reach when each spouse approaches negotiations with the spirit of potential compromise. There is nothing that says that you need to give the other spouse everything that they want. You always have the right and option to litigate your case in a high-conflict divorce, although it should be the option of last resort.
Separation agreements are often reached after extensive negotiation between the spouses. Eventually, you may both compromise on key issues, Making trade-offs when necessary. Remember that most divorces are facilitated by separation agreements, and litigation is very rare.
The Role of Mediation in Separation Agreements
There may be times when you and your spouse need extra help to reach an agreement. Divorce can bring a lot of emotions, and they can make their way into negotiations. Even if you are completely focused on resolving key issues, you may still be on a different page than your spouse for some time.
Many couples opt for divorce mediation for the simple reason that it works. Divorce mediation has a very high success rate, leading to separation agreements more than 80% of the time that it is used. A mediator is a trained professional who assists you in working towards an agreement. They can find common points of agreement while working to bridge the gaps. A divorce lawyer could represent you in divorce mediation, negotiating with the other spouse’s attorney based on your position.
What Happens After a Separation Agreement Is Reached?
A divorce only becomes uncontested after you have reached an agreement on everything. Until that point, there is always the potential for a litigated divorce that would need to go in front of a judge at a hearing. When the separation agreement is filed with the court, the judge would review it, and they would include it as part of the court order granting the divorce.
When something is included in a court order, it has the force of law. There may be legal consequences if one spouse fails to follow the terms of the separation agreement. They could face contempt of court or other penalties if they willfully violate the terms of separation agreement. Therefore, it is essential that you know exactly what you are agreeing to in advance and that it reflects your true wishes.
Why You Need a Lawyer for a Separation Agreement
You should not try to negotiate a separation agreement with your spouse on your own. Many things could go wrong, including mistakes that can become formalized in the court order. If you are too directly involved in the picture, emotions can get in the way, and your case can quickly become high-conflict.
Your lawyer can help you in negotiating a separation agreement by doing the following:
- Strategy: You cannot negotiate a separation agreement without knowing your goals in advance and what is important to you. Therefore, it is vital that you have an extensive conversation with your divorce lawyer in advance.
- Negotiation: You should not attempt to negotiate directly with your spouse on your own. An attorney would speak on your behalf to your spouse’s divorce lawyer to reach an agreement. It would require some give-and-take in the process.
- Drafting legal language: the separation agreement is a legal document, and every word and comma is given effect. Your lawyer could draft language on your behalf, or they can review and mark up what you are given by your spouse’s attorney.
- Explaining the law: To know what are realistic goals, you need to understand the law and how it works. For example, you must know the laws of equitable distribution and the factors that could impact the division of marital assets.
Contact a Kansas Divorce Lawyer Today
The divorce attorneys at the Colgan Law Firm, LLC can assist you at All Phases of the process when you are negotiating a separate agreement. We will take the time to listen and learn before we help you formulate a strategy for divorce negotiations. It is vital that you contact a divorce lawyer, regardless of whether you think your divorce will be contested or uncontested. Our attorneys help clients in both high-conflict and low-conflict divorces in Wyandotte, Johnson, and Leavenworth Counties and the surrounding areas. You can schedule an appointment with one of our attorneys by contacting us online or by calling us today at 913-721-9999.