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A Guide to Divorce and Legal Separation

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. Legal separation can provide parameters for co-parenting, child support, and spousal support while still maintaining the marital status. Legal separation also leaves the door open for reconciling or resuming the marriage.

This contractual undertaking and court-honored agreement between a couple called legal separation is a condition where the couple choose to live apart but to remain legally married. 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.

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.

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 thus the legitimacy of a legal separation agreement. If spouses are not longer living together beyond a trial period then they should go into a legal separation agreement where they are 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.

Asking your lawyer to review the legal separation agreement is important before even signing anything and this will ensure that the agreement is mutual beneficial. An attorney’s review of the document is especially important considering that your separation agreement could also become you divorce agreement. With a divorce lawyer around, you can be confident that what is contained in the agreement is only for the best interest of all the parties involved in the separation.

Recommended reference: Full Report