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Although a
Separation Agreement is recommended in many cases, it is not required in
order to obtain a divorce.
A written Separation Agreement may be necessary to address the
disposition of the family home because any agreement relating to real
estate must be in writing in order to be binding and enforceable.
Under the 1-year voluntary separation grounds for divorce, the
voluntariness of the separation must be corroborated by evidence other
than the spouses’ testimony. A notarized Separation Agreement can serve
to corroborate the voluntariness of the separation.
If properly drafted, a Separation Agreement can also minimize or
preclude future disputes between spouses.
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