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Facts About 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. This includes providing a parameter for co-parenting, child support, and spousal support while maintaining the status of being married. 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. 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.
This devastation and wreckage that results from ending a marriage can be a very difficult experience that to attempt to make dissolution of a marriage go as smoothly as possible is an illusion.
There are many ways which the states have accommodates so that the impact of this action can be lessened. And thus the legitimacy of a legal separation agreement. 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.
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. It is very important that you consult an attorney as with any legal decision. 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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