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WHAT IS A SEPARATION AGREEMENT?

A separation agreement is a detailed contract in which the parties agree to live separate and apart for the rest of their lives. It should detail the respective rights and duties of the husband and wife relating to custody and access to the children, support payments, property distribution, and all other marital issues. Certain formalities must be followed in order for the agreement to qualify as a ground for divorce. Once filed with the clerk of the county where either spouse lives, after one year has passed from the date you sign the agreement, either spouse may sue the other for a “no-fault” divorce.

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