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Opt For A Legal Separation: Avoid The Hassle Of Divorce

Many couples now a day decide on choosing a legal separation instead of a divorce. A legal separation does away with the borderline technicalities and effort that goes into a divorce. A legal separation needs to be drafted by a skillful attorney in order to avoid difficulties that may later occur in regards to property, finances, child support, etc. If things do eventually fizzle over and your partner and you collectively decide to attempt to reconcile the relationship, then the marriage continues in harmony and the legal separation agreement is considered null and void.  Read on to know about legal separation and how it can help avoid any future conflicts that may arise, especially in terms of assets and finances.

Opt For A Legal Separation

Divorce isn’t always the first answer, consider a legal separation instead. License: Creative Commons image source

Difference between a legal separation and a divorce

Under a legal separation both husband and wife are still legally married in the eyes of the court, but are living independently. It does not put a drastic end to the marriage; it acts as a trial period which both parties decide if they wish to pursue a formal legal course of action against one another. A separation agreement can secure your interests up until the point either one involved decides to file for a divorce. A divorce implies the immediate termination of legal responsibilities and other marital bonds between the couple. Both estranged husband and wife can obtain their freedom and individualism while still being legally joined together in matrimony. Therefore, a legal separation only acts as a temporary period of time in which the decision is made to either carry forward with the marriage amicably; or end it permanently once and for all by means of divorce.

Financial gain as a result of legal separation

A legal separation will act as a security blanket in case your spouse does not keep up to their end of the stipulations as stated in the agreement. A steady agreement should be drafted by an attorney that will hold up in the court of law when need be. If you happen to be paying spouse support, the claim can be subtracted at tax time. However, this only holds true if it is mentioned in the agreement. A legal separation implies that you retain additional benefits you received during the course of the marriage, say for example health insurance. Most couples possess joint bank accounts; the agreement will mention the authority either spouse has over the joint finances. A legal separation will also keep you at bay from any debt your spouse may occur after separation has been filed.

How to go about getting a legal separation

In all countries you need to apply in court through a solicitation to obtain the separation. People who are married require a judicial separation, whereas those who are bound by civil partnership require a separation order. Hiring an attorney or solicitation can help to a great extent in helping you understand all the terms and conditions. These lawyers will also set up whatever necessary documents are required by the court. You will also need to clearly define the reasons for wanting the legal separation and these should be penned down in the agreement clearly.

Separation and divorce are never easy, but it always better to prepare a contingency plan for your future. A good lawyer can guide about the system and help make the process smooth to avoid any further hassle.

Today’s guest post is submitted by Keith Shelby. He is enjoys nothing more than an engaging game of chess or reading a good book. He says if you want to hire the best lawyer then you should look up in the solicitor directory.

Tim Esterdahl

Tim Esterdahl is the editor of IFCS blog. He is a married father of three and enjoys golf in his spare time.

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