When a couple feels that a divorce is around the corner, they may consider obtaining a “legal separation”, also known also as “separate maintenance” in some states. They will need a divorce lawyer either way. If the situation is blowing up or if one the spouses just wants to make some inquires (not unlike what the wife was doing in the show Breaking Bad), https://usattorneys.com/ is the answer and was created for these purposes.
What is Legal Separation?
Legal separation signifies a situation in which a court has become involved in order to pass an order that controls what happens when the couple is separated, covering issues like spousal support and child custody. Typically, a court resolves every issue that is usually inherent in a legal divorce with the only exception that the couple is still in wedlock.
Unlike in a divorce there is no waiting period or “cooling off” period for a court to grant a legal separation order. Any married couple can separate without the need for going to court, on the strength of a joint understanding or even in the form of a written agreement. There are couples who seek the services of a lawyer to draft a separation agreement which is an excellent idea, mainly when the couple wants to ensure that their insurance coverage will be in force for both the spouses after separation.
Why People Choose Legal Separation?
People prefer legal separation over divorce due to many reasons according to divorce attorneys. The main reasons are as follows:
- Religious Concerns: Many people do not consider divorce due to their religious beliefs or traditions since they vowed to be married for life.
- Insurance Concerns: A couple may want to make certain that either one has continued insurance coverage via the insurance provider of the other spouse.
- Trial Separation: The couple might have hopes of reconciliation of their marriage, although they wish to spend some alone. They may desire a formal arrangement to resolve issues like child support as well as custody, spousal support or alimony, and property during separation.
- Divorce Waiting Periods: Some states require a couple to maintain separate residence prior to granting divorce.
- Tax Purposes: A divorce can be complicated at times, so a well to do spouse might wish to formalize the alimony or spousal support early on by means of a separation agreement that can assist in the associated tax deduction.
- Pension Benefits and Social Security: Some couples who have been married for a long time might want to wait before a formal divorce for specific pension or social security benefits.
Other Important Considerations
In the event that separation changes into a divorce later, the way in which the couple has divided their personal property can dictate the way in which their property gets divided in event of divorce. A divorce lawyer can throw light on this paramount aspect.
If things don’t go smoothly for the separated couple, and a divorce is imminent, it is always prudent to hire a fantastic and focused legal professional. This is because the change from legal separation to divorce can vary from one state to another, and your lawyer can assist you in the divorce process. A legal representative with cognizance in family law will be in the best position to help iron out any differences and make sure you receive a fair settlement.