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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. 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.

When a couple choose to live apart but remain legally married they are legally separated, and this condition is a contractual undertaking and court-honored agreement between the couple. Staying married for religious reasons, wanting the advantage of documentation of spousal support payment for income tax reasons, wanting to maintain various insurance coverage or when they want to wait for the state’s statutory period for termination of their marital status are just some of the reasons why couples would pursue legal separation.

If a couple wants to have an opportunity to set out the terms of the divorce in advance then the couple can opt for legal separation. 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.

One cannot say that you can end a marriage smoothly because it is already filled with devastation and it is a very difficult experience for those involved in it.

And it is because of this that states have accommodated many ways to lessen the impact as a consequence of this aggressive action. The legal separation agreement has been legitimized because of this. 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.

Not every legal separation is the same and to ensure that you are legally covered, there are several steps to take. It is very important that you consult an attorney as with any legal decision. When you consult with a lawyer make sure to ask about the divorce requirements of your sate and ask about waiting periods.

You should also have a divorce lawyer review the legal separation agreement before you sign to make certain that it is mutually beneficial. If you consider that your separation agreement could also be your divorce agreement, then it makes it necessary for your divorce attorney to review everything in the document. 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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