Advice on Divorce Law
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. While maintaining the status of being married, couples who are legally separation are provided a parameter for co-parenting, child support, and spousal support. Legal separation also leaves the door open for reconciling or resuming the marriage.
Legal separation is a contractual undertaking and court-honored agreement between a couple that has chosen to live apart but opted to remain legally married. It often is also pursued when the parties want to stay married for religious reasons, when they want the advantage of documentation of spousal support payment (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.
Legal separation also give the parties an opportunity to set out the terms of their divorce in advance. 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.
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. 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. Divorce requirements of the state and waiting periods are the two concerns which you should ask your lawyer about.
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. It is important for an attorney to review the document because you should consider that this separation agreement could also become your divorce agreement. With a divorce lawyer around, you can be confident that what is contained in the agreement is only for the best interest of all the parties involved in the separation.
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