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YES. A Separation Agreement, sometimes called
a Separation Agreement and Property Settlement Agreement, is
simply a voluntary contract entered into by you and your
spouse which resolves all issues related to your separation
such as child support, child custody, alimony, property, and
other matters. It is a voluntary agreement, and you and your
spouse must agree on all terms of the Separation Agreement.
You do not have to have a Separation Agreement in order to get
a divorce; however, it is often advantageous for each party to
enter into a Separation Agreement because issues can be
resolved without having to go to court to resolve them, and
each party knows their rights and obligations. The Separation
Agreement can be incorporated into a final divorce decree and
allows you to proceed to get an "uncontested" divorce. Without a Separation Agreement, the issues which exist between
you and your spouse will either go unresolved or will have to
be determined by a court. A Separation Agreement is generally
the least expensive and fastest way to resolve issues arising
out of a marital separation.
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