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. 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.
When a couple choose to live apart but remain legally married they are legally separated, and this condition is a contractual undertaking and court-honored agreement between the couple. 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.
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.
For this reason, states has accommodated every possible way to lessen the impact as a consequence of this aggressive action. The legal separation agreement has been legitimized because of this. 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. As with any legal decision, consult with an attorney. When you consult with a lawyer make sure to ask about the divorce requirements of your sate and ask about waiting periods.
You should also have a divorce lawyer review the legal separation agreement before you sign to make certain that it is mutually beneficial. 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.