Financial reasons: A big advantage is the financial side. As part of a legal separation, both parties retain their medical, lifetime and other insurance benefits. If a marriage has lasted long enough, both members can receive social security benefits from the other. Tax benefits continue even after legal separation. You can`t remarry: You can heal and be ready for a future relationship if you have enough time. A legally separated person cannot marry a new person in the United States. Divorce is not always the best solution for couples and, in some cases, not possible. A separation agreement is an alternative that allows you and your spouse to share your assets and separate while you are still married. But what are the benefits of a separation agreement and why should you choose one in a divorce? Chance of returning to a full wedding: Some couples need to take a drastic step or take a break from their marriage, but they want a way to go back if things get better.
A «trial separation» helps many couples overcome difficulties. Thanks to a separation without dissolution of the marital bond, the path to full marriage would be much easier. Did you know that January is the most popular month for spouses to legally separate and/or file for divorce? Many experts believe that the month is so popular because it marks a new beginning. New Year`s resolutions are incredibly popular, and spouses who are unhappy in their marriage may choose to take their lives in a new direction in a new year. Legal separation is often the first step that spouses take when deciding to divorce. If you`ve been married for less than a year and you decide things aren`t working, you can`t divorce yet. If there is no chance that you will agree on the relationship, a separation agreement will outline how assets and responsibilities should be divided until you can initiate divorce proceedings. Couples can legally separate for a variety of reasons. Some couples use it as a temporary period of reflection when tensions in marriage are high. Spending time apart can give each spouse time to reflect on their relationship and assess their future together. Other couples use legal separation to plan a divorce.
Separation can help couples – especially those with children – slowly transition to a full-fledged divorce. Are you considering a legal separation from your spouse? Call the Los Angeles family law lawyers at Berenji & Associates to seek free advice and learn more about the process. Our lawyers are committed to helping spouses navigate complex family law cases. We understand that this can be an incredibly emotional moment for you and we will fight to bring you the desired result in your case. The sooner you ask us for help, the sooner we can help you start building a new future. Legal separation is a written agreement that is filed with the court and deals with the rights and obligations of a married couple while living separately. Issues that can be addressed in a separation agreement include the division of assets and debts, custody and support of children, visitation plans, support payments, etc. Almost all states recognize a legal separation agreement, with the exception of Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Texas. Simply put, legal separation allows married spouses to live separately and live a separate life. To be legally separated, couples file an application with a court in a process that is almost identical to filing a divorce.
The petition essentially states that the couple is struggling with irreconcilable differences and that they would benefit from living together. These irreconcilable differences can make it difficult for spouses to agree on incredibly important aspects of their lives. When spouses are legally separated, a court has the power to make decisions on custody, injunctions, spousal support, family allowances and asset division. Separated spouses are legally required to comply with court orders. If the divorce violates a couple`s religious beliefs, legal separation can allow them to live apart and not compromise their values. What happens if you move before you submit your application? You can sacrifice your right to custody, ownership and maintenance by leaving without a separation agreement. These agreements include a plan for child custody (and, if necessary, child support), visitation times, (financial) support, ownership and debt sharing, and payment of attorneys` fees. A legal separation agreement is important to ensure that your rights are clear. Therefore, you should treat the separation agreement as you would in a divorce and not accept something you can`t live with.
That`s why it`s so important for your lawyer to review the agreement and discuss the implications with you. It is not uncommon for a divorce decree to grant separated spouses the personal property in their possession. If there are important things you leave to your spouse after the separation, you must indicate in your separation agreement that these things will come to you if you divorce. For many couples, divorce is often just the first hurdle. After marriage breakdown, especially if you go from marriage and immediate cohabitation to divorce, you both need to pick up the pieces of a broken relationship and learn to live independently. Disputes over children and finances can drag on, but with a separation agreement, this becomes less of a problem. Since your finances and arrangements for your children have already been settled – assuming you both still agree – when your divorce comes, you can go on with your life to the fullest. While divorce is still a bit raw because you`ve already experienced a legal separation, you`ve probably already begun to adjust to life after divorce and enjoy the benefits of divorce.
In this case, a separation agreement can make divorce much faster and easier. Since you`ve already figured out how you`re going to share your assets and who will keep the house — and you`ve probably been living apart for a while now — assuming you`re still okay, there should be no reason for this to be a problem or delay the process. For more advice on separation and divorce, see Tracy`s book Divorce 101. Divorce is quite stressful and exhausting for adults, but when children are involved, it can be confusing and heartbreaking – it signals a big change in their lives and it`s important that their needs come first. No child wants to grow up and see their parents constantly struggling, and for this reason, when there is no chance of fixing things, many couples choose to divorce. But the dispute itself is a big argument and disputes over arrangements with children can last far beyond the dissolution of the marriage. Legal battles over who your child will live with and who will have custody can go on for a long time if no agreement can be reached. But other than that, no parent would deny that their child`s well-being should be a priority.
Drafting a separation agreement allows you and your partner to negotiate with a lawyer present on key factors, such as when your spouse can spend time with their child without the need for stressful hearings. A divorce can be a stressful time, even if it is consensual. Couples face the task of equitably distributing the marital property they have accumulated during their time together, such as the family home, joint bank accounts and pensions. Needless to say, if one party disagrees on how these things should be divided, it can make the process even longer, more expensive, and time-consuming. A separation agreement may be the solution. In this blog post, we`ll look at what a separation agreement is, what its benefits are, and in what situations it might make more sense to opt for an agreement than to get a divorce.
