Divorce Procedure And Their Common Myths
Legal separation is a procedure through which a couple is
separated while remaining legally wed. Legal separation also termed as judicial
separation is a substitute for those people who can not continue to live
together but do not wish to end their marriage. Just living apart does not
represent a legal break. The couple must enter a request in court to recognize
his or her separation. Legal Separation is beneficial in many circumstances. The
majority of the couples are not sure of if they need a divorce or not. Legal
separation provides the couple with a chance to live separately and consider
their decision. As they will still be wed; thus reconciliation becomes a lot
simpler. Also in some instances moral or religious beliefs conflict with the
idea of divorce to which legal separation provides the solution. One of the most
common reasons for preferring judicial separation over divorce would be the
fiscal troubles.
Such a separation allows the maintenance of
medical benefits, some insurance or tax benefits and certain other benefits that
divorce would bring to a conclusion. Also, it assists in making pro tem
financial preparations. The couple may also decide regarding each other's
financial duties and can then execute them until they go for divorce. Sometimes
spouses will want to postpone their formal divorce until they have been married
long enough to be eligible for certain Social Security or pension benefits.
Divorce Waiting Periods can also be a reason. The couple may not wish to live
together during the period their state requires them to wait before the divorce.
Also in some instances, it can be complex to get a complete and final divorce.
This guarantees the couple a slot in the court's schedule any time they file for
a complete divorce. Make a search on the following site, if you're searching for
additional information on divorce
process advice.
In judicial separation, the court specifies the
responsibilities and functions of each spouse after separation. Such issues are
formally addressed in a Separation Agreement. The contract was made to solve any
property, debt, alimony, child custody, visitation, insurance, taxation, and
child support issues that may lie between the spouses. It might also address
issues like which religion the child will practice, who will look after the
pets, who will pay the bills, joint bank accounts etc.. Your attorney will
provide the list of issues typically addressed in a separation agreement. After
acknowledgement, both husband and wife sign this contract. If the decision to
divorce is made, the legal separation agreement can be converted into a divorce
settlement agreement. For the couple to proceed with a divorce, they must file
for divorce explicitly in court.
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