What is a legal separation, first of all? This is a legal proceeding that is very similar to divorce but also very different in a variety of ways. A married couple decides to ask the court to allow them to live separately and apart and end any marital obligations that they have between one another. The couple, unlike a divorce, is still technically married when they separate. This means that if remarrying is in their future, they will not be able to do so until they receive an actual divorce.
The Rights You Have
Because legal separation is not as heard of as often as divorce, you might not know what rights you have if you decide to go through with one. Many of the same matters will usually be covered if you decide to go to court such as child support, alimony, and property division. However, you will not be able to remarry, as mentioned. Here are some of the common issues that come up in court for those who are considering separation:
- Whether or not temporary alimony applies
- How much should be paid in child support
- Rights to the family home
- Which debts each spouse must pay
Many spouses choose legal separation today. This could be due to the fact that their religion states that they should not receive a divorce, or if they are taking a cooling off period away from one another. Many people could just walk away from the marriage for a short period of time, but legal separation puts your separation on the books so that you can hold the other spouse accountable. For instance, with a separation order in place, the judge can tell if your spouse is in violation when it comes to matters like alimony or child support. This is why it is a good idea to bring your case to court.
When it comes to a legal separation, many people might assume that the process is easy and that they don’t need the help of an attorney. This is not true. You should have legal counsel on your side for a variety of reasons when it comes to these matters. Call us to retain your rights and so that we can discuss your steps moving forward. We are waiting to hear from you.