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. With legal separations the doors have not close on reconciliation or resuming the marriage relationship.
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.
With legal separation, the parties are given an opportunity to set out the terms of their divorce in advance. A legal separation agreement can outline whatever terms the couple feels are important, but it typically focuses on details such as who lives where and who agrees to take possession of what property during the separation.
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.
And it is because of this that states have accommodated many ways to lessen the impact as a consequence of this aggressive action. And thus the legitimacy of a 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.
There are several steps to take to ensure that you are legally covered in a legal separation agreement because not every legal separation is the same. It is very important that you consult an attorney as with any legal decision. When you consult with a lawyer make sure to ask about the divorce requirements of your sate and 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. An attorney’s review of the document is especially important considering that your separation agreement could also become you divorce agreement. A divorce lawyer reviewing your agreement terms will assure everyone that everything will be ordered and will benefit all.
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