While a Separation Agreement may not be required to obtain a divorce, it is strongly encouraged. A judge will not grant a desk order divorce if there are outstanding issues regarding child support or arrears. Parents are not at liberty to “waive” child support because it is considered the right of the child. If you need a divorce but there are unresolved issues regarding child support, you or a lawyer will likely need to go to court and convince a judge that the children are financially looked after and the divorce should be granted.

Getting a divorce does not immediately result in all issues being settled. You and your spouse have two years after the date of divorce to seek orders regarding property and debt division or spousal support.

Signing a separation agreement also makes a divorce cheaper. Rather than paying $200 to file your Notice of Family Claim, you will pay up to $30.

With that said, if you had a short marriage and your divorce is very simple and non-contentious, a Separation Agreement is not required to get a divorce.

For more information, see What is the First Step to Getting Divorced?