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Facts About Divorce and Legal Separation

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. 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.

Legal separation also give the parties 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.

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.

And it is because of this that states have accommodated many ways to lessen the impact as a consequence of this aggressive action. 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.

But just the same as divorce, not every legal separation is the same, and there are several steps to ensure that you are legally covered. And since this is a legal decision, it is in your best interest to contact 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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