What is a Legal Separation?
A legal separation is considered an alternative to getting a divorce. Both people will live in separate homes. It is important to note that there is a major difference between a divorce and legal separation. A legal separation is considered temporary whereas a divorce is considered final.
The laws regarding legal separation can be quite confusing. That is why you will need to hire a family law attorney. Your lawyer will ensure that you are setting yourself up for a satisfactory outcome.
Key Things That You Will Need to Know About a Legal Separation
You won’t Be Able to remarry
Even though you are separated from your spouse, you are still legally married. That is why you won’t be able to remarry while you are legally separated.
Property
If you and your spouse have property together, then the two of you will have to decide how it is going to be divided up. You will need the assistance of an attorney. The court may also decide how the property is going to be divided up.
Child Matters
Child custody will have to be decided before you and your spouse will legally separate. Visitation and child support will also have to be discussed. The child’s interests are the most important thing that have to be considered when discussing visitation, child support and child custody.
Finality
One of the reasons that many people decide to legally separate from their spouse instead of divorce them is because this arrangement is temporary. There are many couples who manage to work their problems out while separated and get back together. You and your spouse are still legally married, so it is easy to reconcile.
There are some couples who decide to divorce and later decide that they want to get married again. It is a lot harder and more expensive to get a divorce and then get re-married. Furthermore, there are some couples who need to stay married for immigration or health care purposes. Legal separation allows people to stay married and still live apart.
Protective Orders
People who are being abused can seek a protective order. The protective order will keep your spouse from coming within a certain distance of you. Keep in mind that you do not have to be abused in order to obtain a protective order. If you feel that your spouse will hurt you or your children, then you can get a protective order.
Immediate Effect
While it can take several months to finalize a divorce, a legal separation will take effect immediately. This is another reason that many people opt to legally separate instead of divorce.
What Is the Legal Process of Getting a Legal Separation?
You will have to file a petition with the court in order to legally separate. You and your spouse will have to come to an agreement on child support, spousal support and property. If the two of you can’t come to an agreement, then the court will have to decide.
Is There An Alternative?
There is an alternative to a legal separation. You and your spouse can come up with a legally binding contract. The court does not have to get involved if the two of you come up with your own contract.
Why It Is a Good idea for You to Hire a Family Law Attorney
Every separation is unique. There are a lot of laws that apply to legal separation. Your attorney can make sure that you understand all of the laws. Our attorneys will be able to provide you with supportive and compassionate legal counsel.Legal Separation