Getting Down To Basics with Attorneys
A Guide to Divorce and Legal Separation
Divorce cannot relieve what is lost from the once fruitful relationship that a husband and wife had, but legal separation can still benefit both parties in one way or another. Legal separation can provide parameters for co-parenting, child support, and spousal support while still maintaining the marital status. Legal separation also leaves the door open for reconciling or resuming the marriage.
When a couple choose to live apart but remain legally married they are legally separated, and this condition is a contractual undertaking and court-honored agreement between the couple. Staying married for religious reasons, wanting the advantage of documentation of spousal support payment for income tax reasons, wanting to maintain various insurance coverage or when they want to wait for the state’s statutory period for termination of their marital status are just some of the reasons why couples would pursue legal separation.
Legal separation also give the parties an opportunity to set out the terms of their divorce in advance. While legal separation agreements outline the important things for the couple, it mainly boils down to where each will live and who will take possession of the property while they are separated.
Ending a marriage can be very devastating and is a difficult experience and to say that making divorce as smooth sailing as possible is really an illusion.
For this reason, states has accommodated every possible way to lessen the impact as a consequence of this aggressive action. And one of these is the legitimacy of the legal separation agreement. If spouses are not longer living together beyond a trial period then they should go into a legal separation agreement where they are to resolve issues such as the division of assets and debt, alimony/spousal support, child support, and visitation.
But just the same as divorce, not every legal separation is the same, and there are several steps to ensure that you are legally covered. As with any legal decision, consult with an attorney. Divorce requirements of the state and waiting periods are the two concerns which you should ask your lawyer about.
You should also have a divorce lawyer review the legal separation agreement before you sign to make certain that it is mutually beneficial. It is important for an attorney to review the document because you should consider that this separation agreement could also become your divorce agreement. A divorce lawyer will see to it that the terms in the agreement is beneficial to all the parties involved in the separation.
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