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Making a Marriage Separation Agreement
Some couples choose not to divorce or choose to separate for a time before they petition for a divorce or dissolution of marriage. A Marriage Separation Agreement outlines how assets, debts and children will be managed during the separation.
Our document builder will guide you through the process of making a Separation Agreement. It outlines important details such as who will live in the family home, who pays which bills, if spousal support will be offered, and child custody arrangements.
Separation Agreement, Marital Settlement Agreement, Marital Separation Agreement, Legal Separation Agreement
A Marriage Separation Agreement includes many of the same terms as a divorce decree, including the following:
Once a divorce is finalized by the court (usually when the court issues a divorce decree) the marriage is terminated. However, with a Marriage Separation Agreement, even if it is legally binding, you will still be legally married.
The following are common reasons for seeking a separation instead of a divorce:
Please note that choosing to have a legally binding Marriage Separation Agreement is not necessarily faster or less expensive than filing for a divorce. You may want to consult with an attorney to help you assess your options.
Both parties must sign the agreement in front of a notary public. Each spouse should retain a copy of the signed agreement. You may access a copy of the unsigned agreement using your Rocket Lawyer account. Members who would like to have a digital copy of the signed agreement saved to your Rocket Lawyer account, may simply scan and upload it.
Yes, a Marriage Separation Agreement is legally binding, even in states that do not recognize legal separation. Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Texas do not recognize legal separation as a formal status, but will still see a Marriage Separation Agreement as a binding contract between the parties. This type of agreement is usually filed with a court, where a judge will issue a court order granting the legal separation.
In most cases, for as long as you want. While many couples eventually end up filing for a divorce, some remain separated indefinitely. Some stay legally separated until one of the spouses desires to remarry. Many choose to stay officially married but separated for financial or personal reasons. Financial reasons may include health insurance, social security or pension benefits, or shared debt.