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.
This contractual undertaking and court-honored agreement between a couple called legal separation is a condition where the couple choose to live apart but to remain legally married. 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.
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. 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.
And it is because of this that states have accommodated many ways 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.
Not every legal separation is the same and to ensure that you are legally covered, there are several steps to take. And since this is a legal decision, it is in your best interest to contact an attorney. When you consult with a lawyer make sure to ask about the divorce requirements of your sate and ask about waiting periods.
Asking your lawyer to review the legal separation agreement is important before even signing anything and this will ensure that the agreement is mutual beneficial. An attorney’s review of the document is especially important considering that your separation agreement could also become you 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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