A Guide to 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.
When a couple choose to live apart but remain legally married they are legally separated, and this condition is a contractual undertaking and court-honored agreement between the couple. 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.
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.
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 thus the legitimacy of a legal separation agreement. If spouses are not longer living together beyond a trial period then they should go into a legal separation agreement where they are 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. 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. 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.