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. This includes providing a parameter for co-parenting, child support, and spousal support while maintaining the status of being married. With legal separations the doors have not close on reconciliation or resuming the marriage relationship.
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. 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.
One cannot say that you can end a marriage smoothly because it is already filled with devastation and it is a very difficult experience for those involved in it.
For this reason, states has accommodated every possible way 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. It is very important that you consult an attorney as with any legal decision. 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. 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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