Legal Separation Agreements: What’s Involved Here?

Legal Separation Agreements: What’s Involved Here?

Legal separation agreements are often required in a procedure where a couple is separated while they still remain legally married. A legal separation is also called judicial separation which serves as a good substitute for people who can no longer continue living together but refuse to end their marriage. A mere case of living apart doesn’t represent legal separation. Couples should enter a court petition to recognize the separation.

Benefits of Legal Separation

Legal separation can benefit you in many instances. A lot of couples are unsure whether they prefer a divorce or not. Through legal separation, couples get the chance to live separately and give their decision a second thought. As they are still technically married, reconciliation is often much easier. There are also cases where in religious or moral beliefs can conflict with the idea of divorce and legal separation offers a good solution for this.

Among the most common reasons why couples prefer judicial separation instead of divorce is financial problems. This separation will allow maintenance of medical benefits, tax benefits or some insurance and other specific benefits that a divorce will only bring to an end. This can also help in making pro tem financial preparation. A couple also gets to decide about their financial responsibilities and can still perform them before they go for divorce.

Following a divorce, the financial responsibilities are called separate maintenance. There are times when spouses wish to postpone the formal divorce until they become married long enough to be considered eligible for certain pension or Social Security benefits.

Another reason is the divorce waiting periods. A couple may not want to live together within the period of time that their state requires them to wait prior to the divorce. This way, they can always opt for judicial separation. There are also cases when it can become completed to get a final and full divorce. The couple can then prove their seriousness regarding the divorce through living separately for a certain time period. It assures the couple a slot in the schedule of the court once they decide to file for full divorce.

What Happens During Judicial Separation?

In a judicial separation, the court will specify the roles and responsibilities of both spouses following the separation. These problems are formally addressed in separation agreement. The contract is being designed for resolving any debt, property, child custody, alimony, insurance, child support, tax and visitation issues which may lie in between the spouses. This could also address problems like the religion that the child or children will practice, the one who will be in charge of the pets, joint bank accounts, the one to pay the bills and others. Your lawyer is going to provide you with the list of problems often addressed in separation agreement. Following the acknowledgment, both wife and husband will sign the contract. Once the decision to divorce has been made, the legal separation agreement is going to be converted to a divorce settlement agreement. For couples to proceed with their divorce, they need to file for explicitly in the court. You might also want to hire an attorney for divorce to help you here.

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