Facts About 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. While maintaining the status of being married, couples who are legally separation are provided a parameter for co-parenting, child support, and spousal support. Legal separation also leaves the door open for reconciling or resuming the marriage.
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.
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.
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.
For this reason, states has accommodated every possible way to lessen the impact as a consequence of this aggressive action. The legal separation agreement has been legitimized because of this. 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. 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.
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. It is important for an attorney to review the document because you should consider that this separation agreement could also become your divorce agreement. A divorce lawyer reviewing your agreement terms will assure everyone that everything will be ordered and will benefit all.