You Are Legally Separated

It is important to take a legal separation as seriously as a divorce, as both are court orders that contain duties and obligations that each party must legally abide by. If the couple divorces later, judges may consider the details of the separation agreement when deciding on a divorce Divorce and legal separation create a significant separation in your life and create financial rules and limits that you must abide by. You can be legally separated as long as you and your spouse think it`s better. However, if you plan to use your separation agreement later as the basis for a divorce, you and your spouse must have lived apart for at least one year under your separation agreement. Despite the pain of separation, legal separation sometimes makes sense when divorce is not possible. For example, legal separation may be temporary, while divorce may be permanent. Some couples legally separate if the trial separations don`t work. This could be the last attempt to save their marriage. In the context of legal separation, the marriage can be extended up to 10 years, so that the lower-paid spouse can claim social security from the other spouse. Staying married — but legally separated — means the couple can take advantage of certain tax benefits, including possible increases in deductions.

In addition, legal separation is often less expensive than divorce, and many parents find that their children are better able to prepare for divorce if they legally separate first. Each spouse becomes legally liable for his or her debts after the date of separation. Divorce and legal separation have similar effects in many ways. Divorce and legal separation legally create a legal space between you and your spouse. They live separately. Their finances are separate. Custody, child support, division of marital property and debts, and spousal support (called alimony if you are divorcing) are all ordered by the court. Couples choose legal separation instead of divorce for many reasons. Some of the most common reasons are: In some states, legal advice is required to make a separation agreement legally binding.

Your lawyer will file a petition with the court so that a judge can sign your separation agreement. Some states do not recognize legal separation. If you enter into an agreement with your spouse in one of these states without ordering it by a court, you will not have legal protection in case your spouse decides not to abide by the agreement. However, if you get a legal separation, you will remain legally married to each other. You must also indicate on the forms that you are married. You cannot remarry. You always have the right to inherit from each other. A child born to a married woman is legally the child of the other spouse, unless proven otherwise. Lock all joint bank and credit accounts if you can`t get your spouse to consent to the deletion of your name. Until the accounts are frozen, you are still legally responsible if they are in both your name and your spouse`s name.

Finally, some couples may prefer legal separation to divorce for financial reasons. Some people may be able to stay on their spouse`s health insurance if they are legally separated instead of divorced. Legally separated couples can still file joint taxes. There may also be other financial advantages to legal separation compared to divorce. A qualified divorce lawyer can help you determine if a legal separation or divorce is right for you. If your marriage isn`t going as well and you don`t know what to do about it, you know you have options. Legal separation is an alternative to divorce for people who cannot continue to live together but do not want to end their marriage. A couple is legally separated after asking the court to recognize their separation. Mere separation does not constitute legal separation. All states except Delaware, Florida, Georgia, Mississippi, Pennsylvania and Texas recognize the legal documentation of separation. Anyone can separate at any time for any length of time and no judicial intervention is required.