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. 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. 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.
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. It is the States’ measure or recommendation that if you are going to live apart from your husband beyond a reasonable trial period, you obtain a legal separation agreement – and as mentioned above, it is a legally binding agreement between you and your husband 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. When you consult with a lawyer make sure to ask about the divorce requirements of your sate and ask about waiting periods.
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. 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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