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. Legal separation can provide parameters for co-parenting, child support, and spousal support while still maintaining the marital status. 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. It often is also pursued when the parties want to stay married for religious reasons, when they want the advantage of documentation of spousal support payment (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.
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. 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.
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. It is very important that you consult an attorney as with any legal decision. When you consult with a lawyer make sure to ask about the divorce requirements of your sate and ask about waiting periods.
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. An attorney’s review of the document is especially important considering that your separation agreement could also become you divorce agreement. A divorce lawyer reviewing your agreement terms will assure everyone that everything will be ordered and will benefit all.