Facts About Divorce and Legal Separation
While divorce cannot any more fix what was lost in a relationship between husband and wife, legal separation can still be beneficial to both parties. 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. Couples also pursue legal separation for the following reasons: staying married for religious reasons, when they want the advantage of documentation of spousal support payment for income tax reasons, when they want to maintain various insurance coverages, or when they do not want to wait for the state’s statutory period for termination of their marital status.
If a couple wants to have an opportunity to set out the terms of the divorce in advance then the couple can opt for legal separation. Legal separation agreements can outline the things that are important to a couple, but it focuses on details like where each one will live and who will take possession of what property while they are separated.
It is an illusion to make the dissolution of a marriage go as smoothly as possible because divorce is such a devastating event and the wreckage of a marriage is a difficult experience.
For this reason, states has accommodated every possible way to lessen the impact as a consequence of this aggressive action. And thus the legitimacy of a legal separation agreement. The state then recommends that if spouses are to live apart of each other beyond a reasonable trial period, you need to obtain a legal separation agreement which is legally binding between the spouses 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. During your consultation, inquire about your state’s divorce requirements and particularly ask about waiting periods.
And, before your sign any legal separation agreement you should let your divorce lawyer review it first to make sure that it is beneficial for both of you. 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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