Do I need a separation agreement?


#1

Is it necessary to have a separation agreement if we have no kids, no mortgage, sep bank accounts, no debt, and have no issues dividing the “property”? Can we just live apart for a year and file for a divorce?


#2

There is no requirement for a separation agreement in this state. You may or may not create one as you choose. If alimony, child custody/support, and/or equitable distribution needed to be settled with your case, I’d say definitely get one, but if none of those apply, the relationship is cordial, and the marriage was one of little duration, then whatever the two of you choose.


Disclaimer: Not an attorney



#3

Yes, if there is no property to divide and no spousal support issues you do not have to complete a separation agreement and may proceed with a divorce after living separate and apart for one year and one day.