why you need an attorney during a divorce

Can You Put Your Divorce on Hold?

17 September 2020 by Diana Butler

It's never wise to divorce on a whim but there are times when slowing things down a lot is in order. A legal separation agreement allows both spouses time to get used to the idea of living apart and it also means time can be set aside to deal with a divorce agreement. To make everything fair and legal, you can certify your separation with a legal agreement. Read on to find out how a legal separation agreement can benefit many couples who want to put the brakes on the divorce process.

Why Put it Off?

There are no rules about how long you have to be separated before you divorce, at least in most states. If you fall into any of the below categories, it might make sense to set up some distance between the physical split and the final divorce decree.

1. Financial Issues – In some instances, a divorce is only one big legal event in the picture. Couples that need to declare bankruptcy might be better off staying married. For example, filing jointly might provide more protection for assets. Or they might want to pay off some of their debt before they divorce so that they won't have to deal with that issue at all.
2. Religious Reasons – Some couples separate and never get around to divorcing for reasons to do with their religion. If so, a separation agreement makes an excellent stand-in for a divorce since it addresses almost every issue a divorce does.
3. Can the Relationship Be Saved? Some couples need more time to decide on the divorce. Taking some time during the legal separation to get marriage counseling may mean the divorce never happens.

What Goes Into a Legal Separation Agreement?

Separation agreements are not required in all states but they are almost always a very good idea. They protect the parties by directing support to those who need it and they can include provisions addressing everything, from custody to bill paying. Here is what issues should be in most separation agreements:

• Child support temporary orders.
• Temporary spousal support.
• Interim child custody arrangements.
• Visitation arrangements.
• A temporary division of debt.
• A temporary division of property.
• The designation of who should (temporarily) reside in the family home and have use of the vehicles.

The provisions in your agreement, if working, can be seamlessly folded into your final divorce decree. To get started with your legal separation agreement, speak to a family law or divorce lawyer.

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