When to Start

Once parties have decided to separate with the intent to not resume the marital relationship, work can begin on a Separation Agreement (if this is the best and most appropriate method of resolving the issues from the marriage). It is important to understand, that a separation agreement should not be signed until after the parties have physically separated (someone has moved out of the marital home). In addition, what parties often times believe will be a quick and simple process can take several months to negotiate and finalize, so it may be important to get started early in the physical separation period. Then if all issues are resolved by way of a Separation Agreement, after the requirement of one year of living separate and apart has been met, the parties may file a simple, uncontested divorce action.