Sometimes a separation from your spouse can be a good thing. You and your husband are not getting along, no longer spend time together, and are just tolerating each other for the sake of the kids. You know that the marriage will end. If you are in this situation and plan to get a divorce down the line, then a separation agreement might be right for you.
A separation agreement can help you settle issues of alimony, support, property rights, or personal rights with your spouse relatively easy, especially in high asset divorces. You will want to have a discussion of all of these issues with your spouse. You want to get to the point where you know that you will both be able to agree on these issues. Once you have get to that point you will want to hire an attorney, but remember that one attorney should not represent both of you. So, your spouse may hire an attorney of their own. An attorney will make sure that your legal rights are protected and that what you are wanting to do is allowable under your state’s law. It is advisable that the agreement is notarized. After the applicable separation period has passed under law you can file for an uncontested absolute divorce. After a judge has reviewed your case and your separation agreement, if all procedures are correct and no unforeseen issues arise, he or she will enter an order and give you a divorce decree.
The longer you wait to get a separation agreement in place before you get a divorce, the more you risk your spouse getting more emotional and bitter toward you. He or she may be less willing to compromise, become unfair, hide money, and you may lose your chance to obtain an uncontested divorce. The only option left will be a more costly contested divorce. So, save yourself some money, time, and stress, and seek a separation agreement to set yourself up for a clean uncontested divorce where you can save some of your property whether you are in a high asset situation or not.