If you’re having problems with your marriage, you might be considering a separation or divorce. Perhaps you’re not certain so you just want to separate for a while or maybe you want to jump straight to divorce, but your spouse isn’t quite sure yet. In any case, a legal separation might be the answer.
What Is a Legal Separation?
A legal separation is quite similar to a divorce, though there are some differences. Basically, you and your spouse are choosing to live in different locations and will have to split assets the same as you would in a divorce. Child custody, visitation and child support are issues you would be required to settle, and in some cases alimony would be a concern. A legal separation is a process that often takes the same amount of time to conclude as divorce, and it often costs the same in legal fees as well.
Why would someone choose to stay legally married, but separated? There are several benefits:
- If your spouse has quality health insurance, you can typically stay on the plan so you still have coverage after the separation.
- If the couple has children who are having a hard time with the separation, it might be more comforting knowing their parents are still legally married.
- A wife who took her husband’s name at marriage would not be allowed to revert back to her maiden name, so she would still keep the same name as her children.
- If the couple sees any chance at reconciliation, but needs several years to get through a difficult situation, legal separation could give them that space, and it’s easy to get back to living as a married couple when the issue is resolved.
Do I Need a Lawyer To Become Legally Separated?
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Just like any other legal process, there are several benefits of hiring a divorce lawyer such as Winfrey Law Firm when you are getting legally separated. First, having your own lawyer ensures the most fair outcome possible when splitting assets and deciding on custody and similar issues. Second, the lawyer will understand the legal process so when there’s a problem with your separation, the lawyer will know how to handle it. Finally, your lawyer knows deadlines, paperwork and all the other particulars to help the separation become settled as soon as possible.
Contact a Lawyer To Learn More
When you and your spouse are considering a separation, there are several things you’ll need to consider. To learn more about a legal separation, contact a family lawyer today.
Call 434-817-3100 or complete a Case Evaluation form
