Advice on Divorce Law
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. 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.
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. 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.
With legal separation, the parties are given an opportunity to set out the terms of their divorce in advance. 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. 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.
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 will see to it that the terms in the agreement is beneficial to all the parties involved in the separation.
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