Separation Agreements

The vast majority of separating couples are able to resolve issues of  custody, support and property division through private settlement.   The settlement agreement is usually set forth in a contract, commonly referred to as a "Separation Agreement." 

Settlement is preferable in almost every case for any number of reasons. It is less costly, both financially and emotionally.  Divorce -- even without litigation -- is already a major emotional stress on any family. The changes in family living arrangements alone usually causes temporary adjustment problems for most people.  Many people feel overwhelmed by the litigation process which usually includes a burdensome discovery process of sharing written documents and answering written or oral questions, the selection and interviews of potential witnesses, and all the anxiety of formal court proceedings.

The cost of litigation can also be overwhelming.  Litigation takes a lot of time and the billable hours add up quickly.  At an hourly rate of $200.00 per hour, on average, litigation costs can spiral out of control long before the case is resolved, sometimes depleting the lions share of the family's financial resources.

Just as important as minimizing emotional and financial stresses, settlement can be custom-tailored to a family's interests and needs in a way that may not occur should a court decide your case. A judge cannot  possibly understand the details and intricacies of your family situation from the evidence allowed to be presented at trial. More importantly, judges are constrained by the statutes and rulings of higher courts in other cases and cannot impose the creative solutions that you, your spouse and your respective attorneys might devise to specifically suit your particular situation.

If we can assist you with a divorce or family law matter, please contact us.