They say marriages are made in the heaven, but a wrong marriage can make your life a total hell and force you to think that where do I find a divorce lawyer near me. If you are going through a rough patch of your married life, divorce may not be the only solution for you. However, getting divorced could deprive you of the tax incentives and other benefits that you had been enjoying all this while. One possible solution to this problem is to go for a legal separation.
What is a legal separation?
A legal separation is an arrangement wherein a couple gets the order from the court to live apart from each other. This does not mean the legal end of the marriage, as the couple would still be considered legally married. If the couple starts living separately without the intervention of the court, it is called as informal separation. In that case, the court would not be liable to settle any dispute around property rights or spousal support rights that might crop up in the future.
When the couple starts living separately, they are expected to agree on certain points, which get jotted down as the legal separation agreements. These points include but are not limited to:
- Both parties will live separately without any intervention from the other party
- No partner will annoy, disturb or molest the other partner during the phase of legal separation
- The financially superior partner will provide financial support to the dependent partner, until the time the latter lives alone and not start living with someone else
- The children will continue to get financially supported by one or both the parties as per agreed norms
- Custody of the children, i.e., the children will lie with which partner and whether the other partner will have the rights to visit the children or not
Benefits of legal separation
The parameters of legal separation are more or less similar to that of a divorce. The reasons why many couples opt for legal separation and not file a divorce suit directly include:
- It gives time and space to the partners to think all over it again and see if there is any way to save the marriage
- There could be religious factors that need the couple to stay legally married
- The marriage is not even one-year-old
- It serves as a prerequisite for divorce which is a requirement for many states
- The partners get to work out their spousal support rights, child custody rights and other rights and obligations as mentioned in the separation agreement drafted by the best divorce attorney fairfax.