Legal Separation: Is A Notarized Separation Agreement Legally Binding?

A legal separation is a popular method of severing the ties of a marriage or another legally recognized domestic partnership. The specific terms of a legal separation agreement can stipulate the division of assets as well as agreements related to child custody, living arrangements, spousal support, and other issues of concern.

What Is Legal Separation?

Couples officially become legally separated after each partner signs a legal separation agreement as prepared according to government standards by a licensed professional. It should be as specific as possible and should address all issues so that you could avoid having to go to court for any ambiguity or undetermined situations.

The legal separation must not be confused with trial separations, which generally do not involve the legal system and are typically intended to last a limited amount of time.

No matter how long a separation lasts, it only becomes a legal separation when it is recognized and approved by the appropriate court system. While it differs from divorce in many key aspects, legal separations require similar types of court proceedings and paperwork.

The separation agreement can also:

• set the terms of child custody while you are waiting for divorce.
• set the terms of child support that will apply as you wait for divorce, including frequency, amount, and duration. It doesn’t have to follow the exact rules set by the state government. However, the judge who finalizes your divorce will still make sure that the child support amount you agreed on is fair and reasonable.
• When parents split custody more equally, the child support agreement might be different.
• If you don’t know where your spouse is or they refuse to cooperate, you can’t create a separation agreement.

Is A Notarized Separation Agreement Legally Binding?

Yes, it can act as a legally binding contract, but this depends on several factors, such as the laws of the jurisdiction in which the agreement was executed, and on the terms and conditions outlined.

It must also be signed by both parties voluntarily without any coercion or force. Additionally, the agreement must be fair, reasonable, fully understood by both parties, not in violation of any laws or public policy, and legally enforceable.

It is important to note, however, that a separation agreement does not hold the same legal weight as a court order. It means that the power of contempt of court cannot be used against a spouse who failed to abide by the agreement. Therefore, if one spouse violates the terms of the separation agreement, one should take legal action against them for breach of contract to ensure compliance.

Why Do Couples File for Legal Separation Rather Than a Divorce?

Like a divorce, a legal separation involves a couple submitting a settlement. However, if they cannot agree on all relevant details, a judge will oversee the resolution of those details, which may include the disbursement of assets and debts as well as various custody and support arrangements.

The biggest difference between legal separation and divorce involves commitment level. In short, a legal separation leaves the marriage intact while a divorce brings it to an end.

This makes legal separation a good choice for any couple who might get back together. While a divorced couple needs to remarry as if they had never been married before, a legally separated couple can reunite by simply asking the court to revoke the separation decree.

The Legal Separation Process

Due in large part to its simplicity, a legal separation is often less expensive than a divorce. The entire legal separation process can be broken down into the following steps:

1. Ensure that you meet the residency requirements for your state.
2. File a legal separation petition with the state court system.
3. File a legal separation agreement that covers all issues that are relevant to your case.
4. Serve the separation agreement to your spouse if you are not filling for legal separation jointly.
5. Settle any unresolved issues by filing as many counter-petitions and counter-agreements as necessary.
6. Sign and notarize the final legal separation agreement for entry into court records.
7. File all your legal separation paperwork in your records.
8. Adhere to the terms of the agreement.

Because legal separation laws and standards may vary considerably from state to state, you should contact an attorney to ensure that you are legally protecting yourself.

Do You Need a Lawyer for Legal Separation?

Generally, a badly written separation agreement can cause major setbacks for both parties. That’s why getting help from an LDA (legal document preparer) to prepare legal forms and offer general legal information is a smart move.

But if you are unsure of your rights or have legal questions, particularly in complicated cases involving real estate, significant assets, child custody, debts and taxes, hiring a lawyer is essential.

Here are some more situations when contacting an attorney is highly suggested:

• One person dominates the other, making it hard to negotiate fairly.
• The relationship has been violent.
• One person feels forced or doesn’t feel like they have a choice about signing the agreement.
• One side had a lawyer, but the other didn’t.
• The relationship is a high-conflict relationship.

For More Information

If you’re looking for a legal separation or divorce document preparer that is highly affordable and extremely convenient, you may want to hire a mobile notary.

First Class Signing Service produces initial copies of documents within 12 to 72 hours on average. We can help you file for divorce or prepare the documents that you need for a legal separation.