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. 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.
This contractual undertaking and court-honored agreement between a couple called legal separation is a condition where the couple choose to live apart but to remain legally married. Staying married for religious reasons, wanting the advantage of documentation of spousal support payment for income tax reasons, wanting to maintain various insurance coverage or when they want to wait for the state’s statutory period for termination of their marital status are just some of the reasons why couples would pursue legal separation.
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. 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.
One cannot say that you can end a marriage smoothly because it is already filled with devastation and it is a very difficult experience for those involved in it.
And it is because of this that states have accommodated many ways to lessen the impact as a consequence of this aggressive action. 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.
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. Divorce requirements of the state and waiting periods are the two concerns which you should ask your lawyer about.
You should also have a divorce lawyer review the legal separation agreement before you sign to make certain that it is mutually beneficial. If you consider that your separation agreement could also be your divorce agreement, then it makes it necessary for your divorce attorney to review everything in the document. A divorce lawyer reviewing your agreement terms will assure everyone that everything will be ordered and will benefit all.