Should You Pursue Legal Separation?
Legal separation is an option for couples who wish to legally separate without getting divorced. During this process, couples often come up with an agreement regarding finances, child custody arrangements and other aspects related to their relationship.
Your decision on whether or not to pursue a separation depends on the reasons for wanting to separate and how long you plan on living apart. For instance, if your spouse’s health insurance will no longer cover substantial medical needs that would create financial strain, legal separation could be the best course of action. You could also file for legal separation if you have children and need to make decisions regarding their custody, or wish to remarry but cannot due to previous marriage obligations.
In some cases, couples opt to separate for cultural or religious reasons. Some religions discourage divorce while others outright prohibit it. On the other hand, some believe that legal separation is an essential step before filing for full divorce.
Couples sometimes decide to divorce due to an emotional or physical abuse issue. They need a break from the situation in order to work through their issues and give themselves space to heal.
They may also seek legal separation if they believe they will be evicted from their current residence due to accusations of abandonment or desertion against the other spouse. Typically, such separations involve husband and wife living apart while seeking relief from each other’s behavior.
Legal separation can be a challenging decision for both parties, but it typically costs less than divorce. Furthermore, it allows couples to keep certain benefits such as health insurance, tax advantages and retirement plans even after they divorce. Divorce Lawyer Menifee
Many couples who have been married a considerable amount of time may opt to seek legal separation as a means to test the waters and see how their relationship might change if they were to file for divorce in the future. No matter your reason for seeking a legal separation, it’s always wise to consult with a family law attorney before making any major decisions.
Legal separation does not invalidate either spouse’s marital status; both remain legally entitled to the same income, property, debts and other resources. A court will still take into account these things when dividing assets and deciding financial support amounts.
Before filing for legal separation, it’s wise to discuss your options for child custody and spousal support with an experienced lawyer. These are complex matters that should be handled by a qualified legal representative.
Legal separation can also be used to legally end your financial relationship with your spouse and give yourself the power to create your own future. It’s an effective way to safeguard both your rights and those of your family members.
In some states, legal separation is a prerequisite to getting divorced; however, in others it’s an entirely separate legal status that you can obtain on your own.