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Advice on Divorce Law

While divorce cannot any more fix what was lost in a relationship between husband and wife, legal separation can still be beneficial to both parties. This includes providing a parameter for co-parenting, child support, and spousal support while maintaining the status of being married. If you are only legally separated, the chances of reconciling or resuming the marriage is very much possible still.

Legal separation is a contractual undertaking and court-honored agreement between a couple that has chosen to live apart but opted 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. Legal separation agreements can outline the things that are important to a couple, but it focuses on details like where each one will live and who will take possession of what property while they are separated.

It is an illusion to make the dissolution of a marriage go as smoothly as possible because divorce is such a devastating event and the wreckage of a marriage is a difficult experience.

There are many ways which the states have accommodates so that the impact of this action can be lessened. And thus the legitimacy of a legal separation agreement. The state then recommends that if spouses are to live apart of each other beyond a reasonable trial period, you need to obtain a legal separation agreement which is legally binding between the spouses 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. During your consultation, inquire about your state’s divorce requirements and particularly ask about waiting periods.

And, before your sign any legal separation agreement you should let your divorce lawyer review it first to make sure that it is beneficial for both of you. 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.

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