When parties have reached the conclusion that they would like to separate but are not quite ready for divorce, they may choose to get a legal separation. In many states, the date when a legal separation is issued can be very important because it may mean that other facets of a couple’s life are separated, such as income and property rights. Many times, a couple’s separation agreement may later be incorporated into the divorce agreement. When the parties are able to reach their own agreement, they can often save money from expensive legal fees. For this reason and others, mediation may be sought so that the parties become a proactive part of the agreement. Some provisions that spouses may wish to include in their separation agreement include:

Property Division

When this issue is litigated, both of the parties may wind up dissatisfied. Judges do not take sentimental value and other such factors into consideration. Instead, there is often a certain balance that must be achieved and each item is given a certain value. When the parties are able to mediate this issue, they can decide for themselves who should receive each item without the worry of losing property that is more personally valuable to them.

Parenting Plan

The sooner the parents can form an amicable relationship as co-parents, the better for the children. While courts often issue standard visitation and custody orders, parents are in a better situation to tailor a plan in a way that will work for them and take individual considerations into account, such as school activities and work schedules. They can also include more customized information in their parenting plan, such as visits with extended family, childcare arrangements, vacation notification policies and plans to address potential problems that may arise.