Law Firms Can Help You Determine If a Legal Separation Is Best


Divorce is not your only option when things are going awry in your marriage. Sometimes dissolution of your marriage is the only option. However, if there is still any chance of reconciling you may want to look at other ways to take a break other than going through the legal and emotional battles of a divorce.

 A legal separation is one of these options and does not end your marriage. When you are legally separated from your spouse, a court order is issued outlining each of your responsibilities while you are apart. You are still legally married but living separate lives. Issues such as division of assets, child custody, and child support can be dealt with in the separation agreement.

This type of agreement protects each parties interest until one of you decided to file for divorce. It can also be used as precedence for the divorce. Many judges use the separation agreement terms as the divorce settlement agreement. When coming up with your agreement, make sure it is one you both can deal with permanently. A law firm can help you draft the agreement and get it approved by the court. All you need to do is provide them with the agreements you have both made on assets, child custody, and other matters.

A legal separation and a divorce are very similar but there are advantages a legal separation provides over a divorce. You are allowed time apart to determine if divorce is what is really wanted. Medical and other benefits are still available. If divorce goes against your religious beliefs, you are both allowed to live separately without going against your religion. Remaining under a married status can allow you to receive military benefits provided by the Uniformed Services Former Spouse Protection Act. Social security benefits for spouses can also be taken advantage of. If divorce is decided upon, the agreement can transfer as the divorce settlement saving you a lot of time and money.

Anyone can pursue legal separation on their own; however, family law attorneys can help take full advantage of your legal rights and make the process much easier. Your lawyer can guide you through the process and ensure you are complying with all laws. They will create the agreement for you and file it. Just as in divorce, if one party contests part of the separation agreement, the case will go to trial. 

A lawyer can help you through the proceedings. Do not use cost as an excuse to go forward without a lawyer. Most family law attorneys offer reasonable rates and a free consultation.

In order to file for a legal separation, you must be able to prove that the marriage is broken and cannot be fixed or that one spouse wants to live separately. This is done by filing a petition along with supporting documents. If items are contested the case will go to court. All other processes involving legal separation vary by state and it is best to consult an attorney who is familiar with your particular state's laws. A law firm can help you with any separation questions you have.
A Raleigh Divorce Law Firm very familiar with the legal separation process and are a necessity when you are filing. They can make sure your rights are protected and deal with the paperwork. If a trial is necessary, they can get you through the process easily. Family law attorneys specialize in all areas of divorce including legal separation. Look at website such as allenspence.com can give you a better idea of what a legal separation is and what legal obstacles you may need help with.

Article Source: http://EzineArticles.com/3791937

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