Legal separation – an alternative to Divorce

Unlike divorce, legal separation is a legal procedure that does not end the marriage. This is an alternative for people who no longer want to live together, but don’t want to put an end to their marriage. A couple is legally separated after they petition the court to acknowledge their separation. Some couple mistake separation for legal separation. Living separately does not constitute a legal separation. To make the separation legal, a couple needs a court to sign their agreement, this way the agreement is binding. If couples do not wish to get to court and decide on their own agreement, there is no legal protection should one of the spouses not respect the stipulations in that agreement. It is advisable to hire a lawyer that will petition the court in your behalf and take care of all the legal procedures.  Separation is normally followed by divorce, but in some cases, couples find ways to get back together.

The separation agreement

The separation agreement is a document signed by both spouses that stipulates agreements on living arrangements, child or spousal support. Most states, except for Delaware, Florida, Georgia, Mississippi, Pennsylvania or Texas, recognize the legal separation agreement.

During this procedure the court will set a list of right and responsibilities for both spouses, while they live apart. The legal separation is often followed by a divorce. So it is best to think of the separation agreement stipulations as long term, as they may be considered during the divorce. Child support, custody, visitation rights, spousal support and division of goods, are only a few of the aspects that are discussed during both the legal separation procedure, and the divorce settlement agreement.

What to consider during legal separation

• The first thing you need to do is to be civil to each other. It’s the best way to make joint decisions that will be satisfactory for both of you. Don’t become defensive and let your spouse explain their point of view. Communication and patience is the key to getting to an agreement as soon as possible. This is similar to a negotiation so be prepared to compromise.
• If you are the one relocating, be sure to make all the necessary changes. Change your mailing address to your new place, or have it sent to a post office box. Take with you copies of all the documents that involve you, like mortgages, credit accounts, bank accounts. Don’t forget about all the addresses and phone numbers of people you need to keep in touch with. Take you name of the rental lease and all other accounts that you no longer want to be responsible for.
• Talk to your accountant to make sure you will maintain all your retirement benefits and pension plans. There are legal requirements that you might not be aware of, and it’s best to have a professional give you advise. Also, don’t forget to deal with all the joint accounts. Put a freeze on all accounts until you and your spouse decide on the future agreements, or simply have your name removed.

Finally, before moving forward with any divorce, we implore you to exhaust all possible chances for reconciliation.  Divorce is an ugly and difficult process, and if you are still on the fence about your decision, do yourself a favor and pick up the best guide out there right now, SaveMyMarriageToday.