Sentences with phrase «legal separation»
Legal separation is a formal arrangement where a married couple decides to live apart, but they are still legally married. It means that they have agreed to divide their responsibilities and assets, similar to a divorce, but they remain legally married and are not free to remarry. Full definition
Couples opt for legal separation for a variety of reasons.
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In some states, courts review and grant legal separation agreements, while in others, the agreement stands as a contract between the parties.
Although state laws vary, after filing a petition for legal separation in local court, the next step is to notify the other spouse.
To learn more about the process of legal separation, visit our Related Resource pages.
Although couples in all states can generally prepare legally binding agreements on divorce issues, not all states recognize legal separation as a distinct marital status.
The same applies if your state recognizes legal separation, but you never took advantage of that to file a separation agreement with the court and receive a separation decree.
Legal separation allows for protection of the rights and duties of spouses.
With legal separation, you are filing for an arrangement that allows you to stay married but live apart, like you would after a divorce.
Divorce battles, more often than legal separation cases, can be hostile.
It is important to understand first of all the differences between legal separation and divorce.
Someone might have psychological or religious reasons for choosing legal separation instead of divorce; they want to stay married, but they also want to live separate and apart from each other.
Some couples prefer to file for legal separation rather than divorce because they hope for reconciliation.
The court can issue an emergency order for child custody, a temporary custody order or a custody and support order during legal separation or divorce proceedings.
If you're not ready for divorce, you can instead choose legal separation if your state provides this option.
A person may not file for legal separation if his spouse has already filed for divorce.
While legal separation may not be the final stage for some spouses, there are also several financial benefits that follow along with this decision.
For those looking for information on legal separation and common law marriage, our firm can happily provide this for you.
Check to see if your state requires a period of legal separation before you can file for divorce.
Like divorce, legal separation requires filing a petition in a state court.
Legal separation provides married couples with an alternative to divorce.
Someone might choose legal separation when the divorce residency requirement has not been met, to keep certain benefits, or for religious reasons.
People use the terms trial separation, permanent separation and legal separation without fully understanding that each describes a different segment in the trajectory from marriage to divorce.
Once this agreement is filed with the family court, legal separation ends.
If you're considering divorce, it might be worthwhile to stop and think about legal separation.
Additionally, one benefit of legal separation over divorce is that spouses can still file a joint tax return, which can provide greater tax breaks than filing individually.
Furthermore, couples who haven't lived in a state long enough to meet the residency requirement for divorce may choose to use legal separation as a step in the divorce process.
Legal separation also allows one spouse to remain on the other's health or life insurance policies.
Legal separation actions can take over a year to resolve, if the parties disagree about issues.
A decree of legal separation addresses the same things a divorce decree does, including support paid to either spouse and for any children of the marriage.
First, legal separation means that you live apart yet remain married.
Legal separation occurs on the date when one or both spouses move into a separate residence with the intention of living apart permanently.
As previously stated, a married couple may choose legal separation because a divorce violates their religious principles.
Legal separation follows the same process as a divorce.
In divorce mediation, the mediator meets with the divorcing couple in mediation sessions to discuss options, review legal separation documents, and work toward solutions.
My mediation practice is a rarity in that I limit my work to helping couples with divorce and legal separation issues.
Each state establishes its own laws and procedures regarding legal separation.
We also include our free comprehensive legal separation agreement package upon request.
Legal separation comes in two forms — separation by agreement, or separation by judicial process.
Legal separation carries special implications for child custody and parental rights.
Use the prototypes as models for drafting your own legal separation agreement.
A court order for legal separation divides assets and establishes child support and custody orders, just like a judgment of divorce.
Legal separation determines the rights as well as responsibilities of the important aspects of a married couple's relationship, such as child custody, child visitation, debt and property ownership.
In contrast to simply living apart, legal separation formally sets out the rights and responsibilities for each spouse in matters such as child custody and support, spousal support and property division.
It is also important to note that the exact laws around divorce and legal separation differ from state to state.
Legal separation protects you from being responsible for your spouse's debt, taxes, or other liabilities.
However, either spouse can file for divorce under other grounds without a prior legal separation.
Although this requires additional paperwork, if you're in a hurry to get your divorce moving along but have not established residency yet, you can file for legal separation immediately.
Thus, if the couple has moved recently, they may need to wait to file for legal separation until they meet their state's statutory requirements.
Some couples prefer legal separation to divorce because they hope time apart may effect reconciliation or because one or both spouses have religious objection to divorce.
Until both of you agree or until a court rules on the unresolved issues, you can not draft a final legal separation agreement.