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. While maintaining the status of being married, couples who are legally separation are provided a parameter for co-parenting, child support, and spousal support. With legal separations the doors have not close on reconciliation or resuming the marriage relationship.
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.
With legal separation, the parties are given an opportunity to set out the terms of their divorce in advance. While legal separation agreements outline the important things for the couple, it mainly boils down to where each will live and who will take possession of the property while they are separated.
Ending a marriage can be very devastating and is a difficult experience and to say that making divorce as smooth sailing as possible is really an illusion.
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.
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. As with any legal decision, consult with 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. 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.
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