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US Legal Separation Lawyers & Attorneys

Legal separation is an option for couples who do not want to get divorced,  but do not want to be together anymore. There are a number of instances you may prefer to separate without divorcing, such as if you are not sure if you want to take this big step and are willing to work on your relationship down the road. Legal separation can be a less permanent solution for you and your spouse; the bad news, however, is that they can still be quite complicated and increase the overall cost of divorce.

Like any divorce proceeding, obtaining a legal separation means that you are re-allocating property and parenting time.   This means you will be faced with questions surrounding:

  • Property and asset division
  • Child support and spousal maintenance
  • Child custody

The end result is that you and your partner are no longer living together or working towards the same goals – all property, debt and income established from this point forward will presumaby (but not irrevocably) be considered marital property; however, you will still be legally married.

Legal Separation Vs Separation

There is a big different between separating with your spouse and making it legal through the court process. A legal separation involves the court and follows a similar procedure to a divorce with similar costs. Separating from your spouse means that you are no longer living together. If you and your spouse are able to come to an agreement as to who gets what property, who lives where and what happens with the children, then you may not require a legal separation. It is when there are religious concerns or a need to delineate property division or debt division preliminarily that the court may need to get involved in granting a legal separation.

Often couples will be separate physically for months, if not years, before they decide to make it official and obtain a legal separation or a divorce. In other instances, however, a separation can end with both parties deciding to give the marriage another try.

Is Legal Separation Right for You?

Choosing to separate legally comes with plenty of good and bad points. If this is something that you are considering, it is best to meet with a US legal separation lawyer to discuss these points in more detail.

The good thing about a legal separation, when compared to a traditional divorce, is that you will be able to remain on your partner’s health insurance. If you or your spouse do not believe in divorce, for cultural, religious or personal reasons, but do not want to remain together, then legal separation is a good option for you.

The negative side to a legal seperation, is that it can cost as much and take just as long as a divorce in some instances. This can also be seen as a good thing, however, if you think there is a chance to reconcile in the future.

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