In case you don’t want to live with your spouse anymore, but still can’t be certain if you want a divorce, then you may consider an alternative called legal separation. According to experts, a legal separation is considered to be similar to divorce. In both cases, you need to negotiate child support, visitation, custody, division of property and spousal support. However, there’s a major difference. Unlike divorce, you remain legally married to your partner, but just live separately.
Difference Between Separation and Divorce
In simple terms, a legal separation means that you’ve decided to create some boundaries around your marriage in a formal manner. This involves a court order, which enforces the law, and makes certain provisions for marital issues. Some matters are negotiated by the couple in this court document. These include child custody, child support, division of property, spousal support and visitation.
When it comes to legal separation, you can choose to live apart from your partner before filing for divorce. In case you choose to move forward with a divorce, the rules and regulations in the separation agreement server as the foundation for divorce proceedings. A professional lawyer can help you guide in the right direction.
There are many couples who decide to maintain legal separation for a specific period of time. This is considered to be a way to retain some financial benefits before officially ending the marriage with a divorce. In case a couple doesn’t proceed with a divorce, the partners may be able to take advantage of some benefits, which were allotted during marriage.
For instance, there are some states where one spouse may pay spousal support during legal separation. In this case, if the couple gets back together, both partners may claim spousal support payments as tax deduction. There may also be some other benefits, such as better health insurance coverage, access to various bank accounts and more.
There are times when a spouse is protected from some responsibility of the partner’s acquired debt during legal separation. In case a couple decides to dissolve the marriage in future, these benefits are forfeited. When a couple files for divorce, it means that the status of relationship isn’t bound under the federal law, except for some negotiated issues, such as alimony and child support.
In case you face the possibility of divorce, and want to understand all the benefits of legal separation, it’s better to choose a professional family lawyer. This helps you understand the process, and seek professional help.
Choose a Professional Lawyer
Separating from your partner is one of the most crucial decisions in your life. While looking for a professional family lawyer, it’s important to conduct a thorough research. You need to compare several options before choosing a good lawyer. This allows you to make sure you choose the right person to handle your case.
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