Simple Divorce – How A Separation Agreement Works

Simple Divorce – How A Separation Agreement Works

When a couple decides to divorce, it can be a difficult time. Both members are having to adjust to a new normal. No divorce is ever easy, but sometimes they can be made simpler. One way is through a separation agreement. A separation agreement is one of the best ways to help ease the difficulties that divorce brings.

How It Works

A separation agreement allows couples to determine how to divide their assets before the divorce. This way a couple can work out who will receive what before the actual process of divorcing begins. This can come as a relief for many couples. A divorce is already stressful enough. No one wants to add fighting over assets to the to-do list as well.

How It Helps a Divorce

Rather than settle how finances will be divided or who will gain custody of any children in court, a separation agreement helps to settle these issues out of court. In South Carolina, a separation agreement is gained during the period of separation, which must be for a least a year before a couple can legally proceed with a divorce. This time apart can sometimes be the deciding factor in whether or not a couple ultimately decides to separate or stay together.

Contact Us

We at Christine M. Howard Law are committed to ensuring that every couple who is looking to split is able to go through the divorce with dignity. If you or your spouse are wanting a divorce, but are not sure what the best course of action to take is, feel free to contact us at lnorris@christinehoward.com or call us at (864) 282-8575.

How a Separation Agreement Helps Keep Your Dignity

How a Separation Agreement Helps Keep Your Dignity

Divorce is never easy for anyone. The entire process can be stressful and difficult for all parties involved. One of the most difficult parts is the separation. Both spouses are having to adjust to a new and scary situation. Most likely, there will be much anger throughout the process. Both sides might lash out at one another and harsh words could be said. The last thing that anyone wants to deal with after that is determining how property will be divided. This is where a separation agreement comes in. By determining beforehand how issues will be handled, a couple can help to preserve their dignity rather than rip it away from each other.

Keeping Dignity

Through a separation agreement, a couple can file for what is known as an uncontested divorce. This type of divorce allows couples to avoid all of the stress that would normally be a part of the process. However, in order to file for an uncontested divorce, a couple must first have lived separately for a year. This allows them to think about the choice they are making. This year also allows the couple to create a separation agreement. This agreement helps couples to divide assets, such as finances and property, before the actual divorce proceedings.

Through gaining a separation agreement, a couple is able to keep their dignity. No one wants to yell and scream at each other during a long court fight. Through this method, couples can settle their affairs peacefully. By dealing with the issues outside of court, both spouses can skip over the pain and humiliation that might follow the proceedings. Through this method, couples can also part ways more amicably than they would if they endured a screaming match with one another.

Contact Us

We at Christine M. Howard Law are committed to ensuring that every couple who is looking to split is able to go through the divorce with dignity. If you or your spouse are wanting a divorce, but are not sure what the best course of action to take is, feel free to contact us at lnorris@christinehoward.com or call us at (864) 282-8575.

Benefits of a Separation Agreement

Benefits of a Separation Agreement

One of the hardest parts about a divorce is the separation. It can be confusing and painful time for both spouses. But a separation agreement can help to ease the pain by allowing both partners to set aside cash for the next step in their lives. Also known as a “conjugal partition understanding,” this is a course of action between a married couple that resolves the most pressing issues that arise when the couple decides to split. Usually the issues that this agreement covers are the guardianship of children, division of property, as well as spousal and child support.

No one wants to deal with a long and costly fight in court, that only increases the amount of stress and anger the separating couple is experiencing. A conjugal understanding, which can be drawn up by an attorney, can help the couple settle the most tumultuous issues before beginning to petition for legal separation.

South Carolina Conditions

South Carolina requires that couples who wish to maintain a separation agreement for divorce live apart for a year. During this year there should be clear boundaries. If couples occasionally date each other during this time, then courts will most likely declare the marriage salvageable and will mandate counseling.

When trying to gain a conjugal understanding, it is advised that couples do not share an attorney. It is better for each spouse to have a separate lawyer so that each spouses needs can be adequately attended to, rather than having one person try to take care of both members.

Types of Agreements

There are many different ways that a conjugal understanding can set aside money. Some types include:
1. Medical services

If a spouse or child is receiving medical coverage under the other spouse’s arrangement, a conjugal agreement can allow the family to remain on the plan until the separation is complete.

2. Financials

This feature allows spouses to determine who will receive what property as well as who will pay for it.

3. The isolation or termination of shared services

If spouses share finances, a conjugal agreement allows them to determine who will possess what assets, regardless of whether or not the account is going to be closed. It also allows for the cash in the records to be parted in a way that will not leave one spouse with nothing.

4. Obligation division

Conjugal agreements can also provide for divisions of obligation between spouses. If any obligation is created during the marriage or after the date of partition, it is to be separated. This allows for one spouse to not be saddled with obligations that they are not equipped to handle.

If you or your spouse are considering a divorce or a conjugal agreement, it is important to not rush into any decisions. Take time to try and settle your grievances before you call a lawyer. But if the two of you have decided that this is right step, then contact Christine Howard at (864) 282-8575 or email at lnorris@christinehoward.com.

Split Couples

Split Couples

Many couples who are seeking a divorce are usually in agreement with what they want. Both parties want their relationship to end and they are looking for the quickest way to accomplish it. But what about couples who are split on the divorce decision? Divorces in this category can often be a delicate matter because, when one spouse has decided that they want a divorce, it can be difficult to break the news to their partner. And if the divorcing spouse wishes to remain amicable with the reluctant one, slapping divorce papers in front of them without warning might not be the best course of action. So, what happens to these couples? How is their problem resolved?

Best Approaches

Seek Professional Help

The first option is to seek help from a professional. When trying to convince an unwilling husband or wife about divorce, it’s probably not be the best idea to have the divorcing party try to explain the benefits of splitting. Instead of helping the hesitant spouse to understand the reasons for divorce, this might only serve to generate more anger and confusion. But by using professional help, both parties can better understand what the other is feeling. Once both parities understand each other’s emotions, the entire process can begin to flow more smoothly.

Be Compassionate

The next point to remember is to show compassion. Divorce is a scary process, especially for someone who doesn’t want it. The last thing hesitant spouses need is to be faced with anger and a lack of understanding from their partner. So, instead of responding to reluctance with rage, try to understand how they’re feeling. Imagine being in their position. The person with whom they have the closest relationship has just told them that their marriage is over. They aren’t going to automatically accept or even comprehend that. It is going to take time. And during that time, they might raise objections as to why divorce shouldn’t be an option.

Deflecting Objections

When facing someone who does not want to divorce, several objections will be raised. One of the most common is that it is better to stay together for the kids. Another common one is that everything will get better with time. Because both of these arguments present legitimate cases for staying together, the divorcing spouse needs to be able to make legitimate counter arguments as to why divorce is still the best solution. If divorce is truly what he or she thinks is best for everyone, it needs to be made abundantly clear that no amount of arguing is going to change that. Arguing will only make things worse. And if the couple is wanting to remain on good terms with each other, constant fighting is not the best way to accomplish that goal.

Conclusion

Divorce is not a decision that couples should rush into. It takes a lot of time and thought to truly understand if separating is the best option. If a couple is split on this topic, they should take advantage of every opportunity available to help them come to a conclusion about what is best for them.

If you want to learn more about how to handle a split decision, contact Christine Howard at (864) 282-8575 or email at lnorris@christinehoward.com.

Evaluating the Cost: Separation Agreements

Evaluating the Cost: Separation Agreements

Divorce is expensive. Along with the heartache, divorce also comes with a financial cost. Even though emotions are often running high, couples who are seeking to divorce should consider the cost before they make the final decision. One thing many couples find to be helpful is to separate before they actually file for divorce. Separating can be seen as a trial run of sorts. Sometimes what a couple really needs is time away from each other to see if divorce is really an option. Instead of just rushing into a divorce, separating gives couples a chance to slowly think through whether divorce is truly the right option for them. If at the end of the separation period the couple still decides to divorce, separation gives them the opportunity to slowly move into divorce with dignity. Separation can give the couple time to look at the financial cost without emotions getting in the way. It gives you the time to really think through if divorce is the right option.

An important part of a separation is a Separation Agreement.

What is a Separation Agreement

Simply put, a Separation Agreement is a contract between a couple when they agree to separate as they think through the possibility of divorce. During a separation many of the same issues of a divorce arise. Couples have to work out how they will split property, how they will resolve any financial issues, and most importantly issues regarding their children. A Separation Agreement gives couples the opportunity to settle these issues with dignity.

The Cost of Separation

The cost of divorce in South Carolina can run between $12,000 up to $28,000. This is important for couples to consider and talk through with their lawyer or an experienced professional.

A separation however, is not as expensive. In South Carolina, there is a fee of $150 and an additional $25 fee. You will have to pay your lawyer fees separately, but even those will be significantly less than when you file for divorce.

Take Your Time

Divorce is not something that a couple should rush into. Emotions may be strong, but it’s important to try to think through everything before rushing into a divorce. A separation agreement is an option for couples to look into as they are considering divorce. Separation not only gives you sometime to see if ending your marriage is really the right solution, it also is less expensive than filing for divorce right away.

If you want to know more about separation and what that looks like, contact Christine Howard.

The Cost of Divorce

The Cost of Divorce

Divorce is a messy and difficult situation. There is often a lot of pain and heartbreak involved. With all of the pain in divorce one thing that can make it all worse is the cost. Divorce can be expensive. Especially in a situation where a spouse has been unfaithful the last thing most couples want to deal with is the expensive cost. In South Carolina a divorce can cost up to $28,000. Then, you add lawyer fees on top of that.

The Reasons for the Cost of Divorce

There are several factors that can contribute to the cost of your divorce. If you and your spouse are unable to agree on how to divide your property or if you have children the cost will be significantly higher. And then you have to add your lawyer fees on top of that cost. The expense can be an extra weight in an already heavy situation. Especially in cases of unfaithfulness, the cost can make the divorce even more difficult to go through.

Affordable Divorce

One solution is to look into an uncontested divorce. In an uncontested divorce both spouses agree on how things are divided. There is less fighting and less time spent in court, which means less expense. There will still be a cost, but it will be significantly less. An uncontested divorce is a great option for someone who’s spouse has been unfaithful. An uncontested divorce can help a couple in that situation move on from the heartbreak quickly.

Talk Your Lawyer

It is important as you are considering divorce to talk about the cost with your lawyer or an experienced professional. Ask them about the cost and to help you understand what your divorce will cost you. At Christine Howard, we want to help you understand how divorce will effect you financially so you can make the best decision. If you have any questions about the cost of divorce, please contact us.