Your kids are probably having a tough time dealing with the changes that the COVID-19 pandemic has caused. You might be, too.
If you were considering divorce before the pandemic started, you might be putting it off because you are concerned about how making such a big change will affect your kids. You might be wondering whether there is a way to move forward with your plans to physically separate, without exposing the kids to additional stress.
If you want to divorce, but you also want to keep the conflict and stress to a minimum, you should consider negotiating a Marital Settlement Agreement. Marital Settlement Agreements can resolve all issues related to your marriage. When you and your spouse make an agreement on how you want to divorce, you eliminate a lot of uncertainty and chaos that might otherwise affect your kids.
What is a Marital Settlement Agreement?
A Marital Settlement Agreement, also known as a Separation Agreement, is when two spouses agree on all of the issues relating to your divorce. These issues include child custody, child support, alimony, division of property, debts, and other financial issues. The spouses and their respective attorneys work together to create a legal document that outlines all the resolutions. If, and when, a settlement is reached, the divorce can then be finalized quickly and without contested litigation.
What are the benefits of a Marital Settlement Agreement?
Marital Settlement Agreements have several benefits, which is why many couples prefer them over going to court. Here are just some of the advantages:
- You can finalize your divorce without a judge having to resolve the dispute.
- You can save time AND money by avoiding a lengthy court battle.
- You can bypass the sometimes legally required one-year physical separation.
- You can settle issues privately and without having to involve friends and family.
- You and your spouse decide on the resolutions together, with the advice of your attorneys.
How do I know if a Marital Settlement Agreement is right for me?
The most important piece to a Marital Settlement Agreement is that you and your spouse need to agree on the terms. Therefore, we recommend this option for spouses that are motivated to resolve the issues and are willing to make compromises.
If you and your spouse need assistance resolving issues, you can engage the services of a mediator. Mediation is a voluntary, confidential process. The mediator facilitates a discussion to help the parties reach a solution that meets their needs. If an agreement is reached, that agreement will be reduced to writing. If no agreement is reached, then the mediator and the parties cannot testify as to what was said during mediation.
If this sounds like something that might work for you and your family, contact us to find out more about how the process works and whether it is the right choice for you.