Facts About Divorce and Legal Separation
While it is true that the impact of divorce cannot mitigate the loss of life that it once wanted to build, there is still an unmistakable role where a legal separation can benefit and ascend both parties. While maintaining the status of being married, couples who are legally separation are provided a parameter for co-parenting, child support, and spousal support. If you are only legally separated, the chances of reconciling or resuming the marriage is very much possible still.
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. 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.
Legal separation also give the parties 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.
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.
Not every legal separation is the same and to ensure that you are legally covered, there are several steps to take. 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.
You should also have a divorce lawyer review the legal separation agreement before you sign to make certain that it is mutually beneficial. An attorney’s review of the document is especially important considering that your separation agreement could also become you 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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