Advice on Divorce Law
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. 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.
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. 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.
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. Divorce requirements of the state and waiting periods are the two concerns which you should ask your lawyer about.
Asking your lawyer to review the legal separation agreement is important before even signing anything and this will ensure that the agreement is mutual beneficial. 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.
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