Facts About Divorce and Legal Separation
While divorce cannot any more fix what was lost in a relationship between husband and wife, legal separation can still be beneficial to both parties. This includes providing a parameter for co-parenting, child support, and spousal support while maintaining the status of being married. 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. 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.
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. A legal separation agreement can outline whatever terms the couple feels are important, but it typically focuses on details such as who lives where and who agrees to take possession of what property during the separation.
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. 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.
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. During your consultation, inquire about your state’s divorce requirements and particularly 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. 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.