On the other hand, there are divorce proceedings in which the parties are able to reach agreements regarding the issues of the case. When the parties are able to reach agreement as to issues in a divorce case, the parties are able to enter into what is known as a separation agreement.
If you are heading to divorce court, or if you are already involved in a marital dissolution case, you need to understand the basics as they pertain to a separation agreement. You also need to understand the benefits you obtain by taking the step to retain the services of Suffolk country separation agreements lawyers.
What is Included in a Separation Agreement?
The content of a specific separation agreement depends on the unique facts and circumstances of a divorce case. With that said, the typical elements of a separation agreement are provisions to divide the assets and debts of the marriage. A separation agreement can include provisions on child custody, visitation or parenting time, and child custody. If alimony legally is available in a case, the parties may include how alimony or spousal maintenance will be paid from one party to another.
What Happens When a Settlement Agreement is Signed by Parties to a Divorce?
After a settlement agreement has been drafted and signed by the parties, it is not yet in force and effect. The settlement agreement must be submitted to the judge presiding in the divorce case for his or review and approval.
Generally speaking, a judge will approve a settlement agreement entered into between the parties in a divorce case. However, a judge will review the contract to ensure that its provisions are proper and lawful.
Provisions in a settlement agreement pertaining to child custody provide a prime example of what a judge will look at when parties to divorce case enter into a settlement agreement. In New York, decisions made in regard to child custody must be in the best interests of a child. Once parties to a divorce enter into a settlement agreement that includes provisions pertaining to child custody, a judge examines whether the custodial arrangement agreed to by the parties is in the best interests of the child or children in a case.
Settlement Agreement and a Divorce Decree
Once a settlement agreement is entered into by the parties, and approved by the judge, a final hearing is scheduled in the case. During the final hearing, some basic legal matters are addressed by the court. Following the hearing, the court issues a final decree in a marriage dissolution case. The settlement agreement is incorporated into the divorce decree. The provisions of the settlement agreement come the standing order of the court.
Retain Suffolk County Settlement Agreement Lawyers
Schedule an initial consultation with an Suffolk country settlement agreement lawyer to ascertain more fully your legal rights. During an initial consultation, legal counsel will provide you with an overall evaluation of your case. You will be able to ask any questions you may have about your case. As a general practice in the state of New York, Suffolk country settlement agreement lawyers charge no fee when they meet with clients in initial consultations about their cases. Fees begin to accrue going forward from the initial consultation.