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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. Legal separation can provide parameters for co-parenting, child support, and spousal support while still maintaining the marital status. With legal separations the doors have not close on reconciliation or resuming the marriage relationship.

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.

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.

And it is because of this that states have accommodated many ways 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.

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. And since this is a legal decision, it is in your best interest to contact an attorney. During your consultation, inquire about your state’s divorce requirements and particularly 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 reviewing your agreement terms will assure everyone that everything will be ordered and will benefit all.

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