Currently Browsing: Family Law

Preparing for a Divorce

Legal separation is considered the first steps in the process of divorce. It is important to note that although the couple has decided to live apart, being legally separated is entirely a different matter. State laws will determine when the separation started, and they also have varying amount of time needed for both spouses to be living apart in order to qualify for a no-fault divorce. Legal separation will pave the way to negotiations regarding the division of property and assets, as well as other responsibilities related to the marital union.

In a way, legal separation is a sort of “business deal” between the spouses to help them determine whether they would choose to go on with the divorce or consider other options. Sometimes, financial factors are considered before deciding whether the divorce will push through or both spouses stay legally separated. Trial separation can provide both spouses a window into how the divorce will affect every affect of their life: and often, many couples tend to choose legal separation rather than divorce because of the possible financial benefits.

For a legal separation to work best for both spouses, the website of Marshall & Taylor, PLLC, says that getting a formal written agreement regarding the separation, which is legally binding and would resolve marital issues such as division or assets and debts, alimony and child support, among many others. Failing to secure such a legal separation agreement can only result to problems in litigation. Since divorce laws vary from each state, regulations related to legal separation may differ as well. It is vital, therefore, to seek legal help before proceeding with either a legal separation or divorce in order and make them a viable option for you and your spouse.

Other reasons why legal separation is preferred rather than getting a divorce is because of religious reasons; often, those who are devout in their faith and view divorce as something to frown upon choose to legally separate rather than suffer the stigma. Likewise, there are couples that, despite still loving each other, find it difficult to live together. The process and decision for legal separation and divorce is very complicated, so finding a good divorce lawyer to help with the legalities will not only make the transition smoother but ensure that your assets and property are protected for your future.