Although spouses must be separated for at least one year before they can obtain a divorce, that does not mean they must wait until the year runs before they can resolve the many legal issues that arise upon the separation.  Among other things, legal matters that will need to be addressed may include equitable distribution of property, postseparation support and alimony, child custody, and child support.  Ideally, at least some, if not all, of these issues can be resolved in a comprehensive separation and property settlement agreement rather than in a courtroom.  A separation and property settlement agreement is a private contract between spouses .  The terms of a settlement agreement can be negotiated before or after the spouses separate. In some cases, Caleigh prepares an interim separation agreement that addresses immediate concerns on a temporary basis pending further settlement discussions and a more comprehensive permanent settlement agreement.

Caleigh has more than twenty years of experience assisting clients in negotiating and drafting separation and property settlement agreements for all types of cases ranging from uncontested divorces to divorces involving complex financial disputes that may include businesses or assets located in multiple states, high-conflict custody matters, and decades-long marriages.  Caleigh’s services range from drafting settlement documents based on terms reached between spouses on their own to representing clients in full-scale settlement negotiations, alternative dispute resolution (such as mediation, arbitration, or collaborative law), and, if an agreement cannot be reached, in initiating and defending litigation.

In determining reasonable settlement terms, Caleigh will assist you in evaluating your assets and debts to determine which of them are marital property and how to equitably divide them between you and your spouse. Many factors are taken into consideration in deciding how to equitably distribute a marital estate between spouses, and an equitable distribution does not necessarily mean a 50/50, or equal, division of those assets and debts. You may also have questions about spousal support, or alimony, and Caleigh will answer your questions and evaluate whether or not spousal support will need to be addressed in your circumstance. Caleigh will also provide guidance on various custody arrangements and parenting provisions unique to your circumstances that can be included in an agreement along with child support provisions. 

If your spouse or your spouse’s attorney presents you with a proposed separation and property settlement agreement, you should definitely meet with Caleigh first before signing anything to make sure you understand your rights and obligations and to be certain the terms of the proposed agreement legally mean what you think they mean.  Likewise, a separation agreement form found online or drafted by the spouses themselves can be a risky endeavor as such agreements may not contain the required legal formalities, the terms may be insufficient or vague and subject to multiple interpretations, or may contain conflicting or legally invalid provisions. Clients with such an agreement sometimes end up paying more in legal fees trying to fix the problems created by the agreement, or worse, are stuck with unintended consequences or an unenforceable agreement. Caleigh can consult with you on the front end to review the draft agreement, advise you on the specific terms you are considering, and make recommendations on revisions or additional provisions to include.   

Please contact Caleigh at EVANS FAMILY LAW for a consultation to discuss your questions and needs related to the negotiation, preparation, modification, and/or enforcement of separation agreements.