Legal separation is a different filing from divorce. In divorce, you file to dissolve the marriage and go on toward a permanent end to the marriage. With legal separation, you are filing for an arrangement that allows you to stay married but live apart, like you would after a divorce. Despite the separate living arrangement, you're still going to be married during this time.
Still, the arrangements and issues involving separation can be many of the same things that you would consider in a divorce. You'll work out issues of child custody, alimony payments, child support, and division of property during the period of separation. All of these things must be worked out in a court of law, and that means your best friend in a legal separation is always going to be your attorney. Only an attorney can sort through the issues of a legal separation.
Legal Issues Surrounding Separation
Before heading into a legal separation, make sure you understand how it differs from divorce. These distinctions will help you understand more clearly what the purpose of a legal separation is. At the end of the legal arrangement, you either reconcile or both parties may mutually file for divorce.
In a legal separation, both spouses are more apt to be willing to try reconciliation measures such as mediation and marriage counseling. The courts will listen to both sides of arguments and then make final decisions based on the best interests of both spouses. When children are part of the disagreement, courts will always make decisions about custody and child support based on the best interests of the child.
Property division can also become a mess, even in a legal separation. For example, if one spouse insists on staying in the marital home, but they are putting the other spouse in the position of being homeless if they do, then the court will look at the financial impact to both parties. Generally, the court is going to award the house to the spouse who cannot afford to just run out and get a new residence. The NYC office cleaner will continue coming to whoevers awarded the house. Some spouses are completely dependent on the other spouse financially, not because they had to be, but because they sacrificed for the good of the marriage.
How We Can Help You
If you don't have a lawyer before a legal separation agreement, things can become murky or confusing and there's a good chance that you'll make errors while filing and/or fighting for your legal rights during the separation. Don't make that mistake!
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We feel that our attorneys are compassionate and easy to talk to. We've been through the rigors of a legal separation case thousands of times and we KNOW how emotionally trying it can be for our clients. It's our job to make you feel comfortable and confident every time we step into a court room with you to defend your interests. Give us a call today and get a completely free consultation with one of our superstar attorneys.