While divorce is the most common way to leave a marriage, separation is also an option. It can make things like child custody and finances less difficult to manage than a full divorce would. However, there is still a lot to know before you go into the process of filing an application for separation. If you want to know how do I go about getting a legal separation, you might want to consult a lawyer.
Can you file legal separation without lawyer? Yes, but it would be far easier to do with a lawyer. A lawyer can also help you through the separation paperwork and make sure that everything is done fairly and following the law. Getting separated might be the first step before a divorce or it might be the best solution for the family. Either way, you are better off working with professionals who can make sure it is done correctly. They can answer questions you might have, like can you file for divorce before separation or details about custody and splitting finances. It can be a stressful time for anybody, so make sure you go in prepared.
The most common method to ending a marriage is a divorce. There is another option, however, that is less common and often undervalued. A legal separation means that the couple is legally separated, but has not yet gone through the divorce process. There are a few reasons why a couple might choose to pursue the legal separation law.
Financial reasons
Filing for divorce can be expensive. Both parties must secure their own attorney and then there are legal fees and filing fees. If the divorce process lasts a long period of time, these fees can quickly add up. When both spouses do not yet have the funds to file for divorce, they might first file for legal separation law. This means that they are not officially divorced, but they are also not legally married. In the United States, there are about 876,000 divorces each year. That means there is a new divorce happening every 36 seconds. These statistics, however, do not take the legal separation couples into account.
The divorce is undecided
Getting legally divorced is a big deal. The couple is no longer seen as a couple in the law. This can make it difficult to obtain a mortgage, car, loan, or personal loan together. It can make obtaining child custody difficult. It can also affect tax filings. Many couples will consider divorce for many years, before deciding to go through with it. Some will attend couples counseling and others will attempt to fix the marriage themselves. Some couples will also file for legal separation law during this time of confusion. It acts as a type of temporary decision, until a final divorce decision is made.
The parents cannot come to a child custody agreement
Deciding child custody is probably one of the most difficult parts of a divorce. About 30% of failing marriages involve couples who have children under the age of 18. Even if the divorce is amicable, the parents still have to decide who will get the children the majority of the time. This often brings up a lot of emotions and it can cause one parent to question the other?s parenting ability. Some couples will attempt to figure out a child custody law agreement before filing for divorce. There are also some couples that will hold off on divorce until the child is of adult age. In the meantime, they might file for legal separation law.
The couple has a lot of assets
There are also some couples that seem to own everything together, including numerous houses, cars, and even businesses. When both partners have ownership in assets like businesses, it can really complicate the divorce process. It can take years for the attorneys to figure out the logistics of the divorce. A divorce can affect the tax filings of the business, as well as the operations of the business. As a solution, some couples will choose to file for legal separation instead. They can still co own the business or houses, and figure out the rest later. That way, no one is affected financially, at least when the assets are decided.
How to file for a legal separation
A legal separation is not always given as an option to couples. Because it is a not as common solution to a failed married, many couples jump right into a legal divorce. About 41% of first marriages, 60% of second marriages, and 73% of third marriages end in divorce. If you want to explore the possibility of a legal separation, consult with your divorce lawyer.
A legal separation separates a married couple without a legal divorce. It is often thought of as a holding point, until other details can be worked out. Some of the most common reasons for a legal separation include child custody, financial difficulties, business and house ownership, and emotional confusion.
