What Is A Legal Separation?

By April 7, 2021Divorce, Family Law
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Everyone has high hopes that their marriages will last forever. However, couples sometimes discover a period of separation from each other is what is required most.  Legal separation is different from divorce in that it does not terminate the marriage. It begins with an agreement between a married couple specifying how the logistics of living separately such as children, finances, household chores, pets, assets, and other responsibilities will be handled.  It should also indicate what the other party cannot do, such as taking kids out of state or selling the house without the other party’s permission. 

After the couple agrees all the terms of the agreement, they file a motion with the local court with the attached agreement asking the judge to make the agreement an ‘order of the court.’  After the court’s approval, the legal status changes from ‘separation’ to a ‘legal separation.’ There are circumstances where you might want to avoid a legal separation, so it’s best to consult a family law attorney for advice. The Tacoma Divorce Attorney at Alliance Law firm provides free consultation to any legal separation question. 

What Are The Benefits Of Legal Separation?

There is a range of benefits in pursuing a legal separation that parties can take advantage of. Some of these benefits include; 

  • The spouses can still enjoy a marital relationship’s benefits, such as a continuation of health insurance or military benefits. 
  • Both parties can utilize the time of separation to attend counseling and try to resolve their disputes and differences before deciding whether to resume the marriage or file a formal divorce. 
  • It potentially allows divorce proceedings to be less emotionally charged, resulting in a peaceful, precise, and beneficial settlement. 
  • For some religions that do not recognize or allow divorce, legal separation enables religious couples to live separate lives while remaining legally married. 

However, it’s important to keep in mind that separated spouses, while living separate and apart from one another, are not free to remarry. Even during separation, the spouses are still legally married until the court has given a divorce decree. 

What Constitutes A Perfect Separation Agreement?

Most legal professionals agree that a good separation agreement should anticipate a divorce and hence should align the couple’s expectations with where the relationship is ultimately headed. Hence, it should be a model for a future divorce so that if it becomes a reality, the couple will have an easy transition. This will also serve to prevent a wrenching change and significant emotional mayhem down the road. 

Talk To a Family Law Attorney

Deciding to end your marriage is not easy, but it’s sometimes the best. Whether the situation necessitates a legal separation, trial separation, or divorce, discussing the issue with an experienced family law attorney can prevent any uncertainty and help clarify your best option. The Alliance Law divorce attorneys are highly experienced in family law, understand what makes a beneficial separation agreement and how to assist you achieve one. The attorneys will listen to your desires and needs, completely devoting themselves to achieving your goals during negotiations or hearings. If you are considering a legal separation, contact the family law attorneys at Alliance Law Firm (253-581-0660) for free consultation. 

 

You can still file for divorce in Washington. For years Alliance Law Group has implemented technology to work with our clients remotely. We have robust technology in place to allow us to work with clients over long-distances and maintain all of our client’s information on our secure servers. Continue...