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. This includes providing a parameter for co-parenting, child support, and spousal support while maintaining the status of being married. 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. 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.
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. 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.
This devastation and wreckage that results from ending a marriage can be a very difficult experience that to attempt to make dissolution of a marriage go as smoothly as possible is an illusion.
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. 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.
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. It is very important that you consult an attorney as with any legal decision. Divorce requirements of the state and waiting periods are the two concerns which you should ask your lawyer about.
And, before your sign any legal separation agreement you should let your divorce lawyer review it first to make sure that it is beneficial for both of you. If you consider that your separation agreement could also be your divorce agreement, then it makes it necessary for your divorce attorney to review everything in the document. A divorce lawyer will see to it that the terms in the agreement is beneficial to all the parties involved in the separation.