Mar 4, 2015

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What Constitutes A Divorce Agreement?

A divorce agreement is the legally binding settlement that has been agreed by and entered into by two people who seek a divorce. To reach the point in the proceedings where there can be a settlement agreement the parties will have worked with their own divorce lawyer in Suffolk County to arrange a an equitable division of property, a division of assets and liabilities, arrangements for children’s custody, and other matters of consequence.

Depending on the situation the actual divorce agreement is preceded by a legal separation agreement. This agreement is entered into when the couple first decide that a divorce may be in their best interest, the separation agreement is not open ended, it is drawn up for a specific time frame. It is during this time that the couple can consider their decision and either confirms that is the right move for them or to call it off. The divorce lawyers that the couple has engaged often find that couples with a separation agreement who do proceed with a divorce often have the proceedings go faster and smoother as the bulk of the details have already been agreed upon.

The normal process is that one spouse will hire a divorce lawyer in Suffolk County and actually file for a divorce; it is when this happens that the agreement begins to be considered. The spouse that has received the demand for divorce will hire his or her lawyer, the lawyers will usually arrange to meet and openly discuss the expectations of their clients. The discussions will include disposition of the marital home, the division of bank account balances and the disposition of all assets such as the furniture, vehicles, etc. At the same time discussions regarding child custody, child support and visitation are discussed, these discussions can often be acrimonious. Eventually though the parties to the divorce will agree on all issues even if it goes to court and a judge makes the ruling; however, the divorce is not legal until the resulting agreement has been signed by both parties.

If both parties show some flexibility the development of an acceptable agreement can be made in a reasonably short period of time. If the couple find that compromise and flexibility are simply not possible and one or the other or both parties will not give then the process can drag on for a very long time as there will be no agreement that can be shown to the judge. In cases like this where the couple will not budge from their position there may be numerous draft agreements proposed by the divorce lawyer in Suffolk County who represents one or the other spouse.

A seasoned divorce lawyer in Suffolk County can make what is always a painful experience go smoother and faster. If you need a divorce lawyer you are invited to contact the law office of Ketover & Associates, LLC.

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