Legal

Thing to know about a legal separation

What is a Legal Separation?

The legal separation process is less expensive, less stressful, and more accessible than a divorce. However, this separation goes beyond leaving a shared home and living separately. Under a legal parting, the marriage continues while a court order plans the rights and requirements of both spouses. 

What happens if you move out of the agreement before filing? You might sacrifice your right to child custody, property, and support by leaving without the contract. These separation agreements lay out a plan for child custody, visitation timelines, support, property and debt division, and paying off legal fees. A legal separation agreement template is essential to ensure your rights are clear. 

Understanding Legal Separation

Many have often mistaken annulment for authorized separation. Several individuals still think this separation’s effects are the same as those of dissolution. However, the truth is the two are entirely different from each other. Legally-separated couples are not allowed to remarry.

In an annulment, the marriage terminates by providing concrete grounds to invalidate it. On the other hand, in a legal separation, there is no termination of the wedding. Therefore, marriage is still valid, yet the couple suspended the marital obligations, relationships, and responsibilities “partially.” 

Before filing a separation agreement, couples who are considering this option present the following settings:

  1. Frequent acts of physical violence
  2. Forcing the partner to have a change in religion or political affiliation
  3. Life threat against the petitioner
  4. If the respondent received a 6-year custody sentence, even if pardoned
  5. Substance abuse (drug addiction and chronic alcoholism) of the respondent
  6. Homosexuality and lesbianism
  7. Polygamy or bigamous marriage
  8. Attempts to force the spouse, child, or children to be involved in prostitution. Even the mere attempt per se to engage in such acts is already aground
  9. Sexual infidelity and perversion
  10. Being abandoned for more than a year without any cause

Legal separation effects

Once separation has come into full effect, spouses can now live separately. Moreover, the guilty party shall not have any right over the earnings and revenues earned during the conjugal partnership. Likewise, the legal separation agreement template gives the child custody to the innocent party. In addition, the defendant cannot have the right to avail of any inheritance privileges. 

Advantages of Legal Separation

There are various advantages of legal separations instead of divorces. 

Financial Reasons:

One significant upside is the financial side. Under a legal separation, both spouses keep their medical, life, and other insurance profits. If a wedding has lasted long enough, both members can gain social security benefits. Moreover, tax benefits carry on after an authorized separation.

Cultural or Religious Reasons:

Several religions and cultures discourage or forbid divorce. However, under this separation agreement, both parties can maintain their legal marriage status while living separately.

Religion and culture can play a vital role in why couples decide to separate instead of divorce. In certain beliefs, divorce carries a harmful disgrace many couples wish to avoid. With a legal separation, the pair can enjoy all the material benefits of a divorce without dealing with the negative stigma. This separation does not allow remarriage unless the marriage can get terminated through a divorce. Still, people who part for religious reasons do not plan to remarry.

Chance to Return to Full Marriage: 

Some couples want to take a drastic step or pause in their marriage, but they want a mutual agreement if things improve. A “trial separation” helps numerous couples work through hardships. Therefore, this separation would make the path to entire marriage much more accessible. The couple gets time to know the importance of each other and emptiness without the one.

 

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