Why isn’t legal separation chosen more?
Legal separation is a method that married couples may go through. If they are having problems in their marriage, they may not wish to get a divorce, but rather a legal separation. With a legal separation, they are able to keep some of the benefits of their marriage. This can include tax benefits and allow them to stay on each other’s health insurance. However, this process can be just as time-consuming and costly as a divorce. Since it can be just as hard as a divorce, many couples will just opt to get a divorce instead. Legal separation is not the same thing as a divorce. If couples want to get a divorce, they will have to go through that process after their legal separation. Since it can be just as costly, many couples will not have the financial means to go through both a legal separation and a divorce if it were to come from this.
How do I file for legal separation?
To file for a legal separation, couples can execute a separation agreement. This agreement is a legally binding document that both parties must agree upon. They will have to sign the document and get it notarized to make their legal separation official. The document will address similar concerns as a divorce would. It will involve child custody arrangements, child support and other financial matters. The process can involve couples working together with their attorneys and a mediator to agree on a Separation Agreement that works for both parties. This process is similar to divorce mediation since the couple need to cooperate with one another. If the couple wishes to get a divorce in the future, it may be made easier due to the Separation Agreement that they already have in place.
These separations can be for as long as couples need. However, they still will have to go through the divorce process if they wish to completely separate their lives and sever legal ties. These situations can be difficult for couples to go through. An attorney can help with legal matters while you are suffering from emotional distress.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.