A Guide to 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.
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.
With legal separation, the parties are given 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.
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.
There are many ways which the states have accommodates so that the impact of this action can be lessened. The legal separation agreement has been legitimized because of this. 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.
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. And since this is a legal decision, it is in your best interest to contact 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. 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.