A Guide to 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.
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. 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. 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.
And it is because of this that states have accommodated many ways to lessen the impact as a consequence of this aggressive action. And thus the legitimacy of a 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.
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. 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. 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 will see to it that the terms in the agreement is beneficial to all the parties involved in the separation.