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When a married couple is having significant problems and divorce is imminent, they may seek other options before finalizing the divorce. Legal separation is a court approved agreement between each party in the marriage. The main difference between this, and a divorce is that divorce puts an end to the marriage, whereas a legal separation does not. Being legally separated allows a couple to live apart while resolving any issues they may be having.
What Does a Legal Separation Consist of?
Everything that would be covered in a divorce is discussed; children, assets, debts, spousal support, etc. It’s important that the couple comes to an agreement they will be happy with long-term. Often the agreement of a legal separation carries over and is used in divorce. If a couple cannot come to a satisfactory agreement during the separation, a new divorce settlement agreement can be created.
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Benefits of Legal Separation
Living apart from one another without the commitment of divorce is a major benefit of being legally separated. Often, this situation leads to divorce, however there is a chance that the couple will reconcile and can again live together while still being married. Legal separation is reversible without the couple having to remarry whereas divorce is not reversible.
Seeking legal separation can be financially beneficial to both parties. It is a more peaceful way of separating and can save legal fees as well as court costs. Divorce can be more emotionally draining for each party, as well as children if any are involved. It can easily turn into a battle rather than a smooth separation.
Advice For Legal Separation
There are many topics that need to be covered during a legal separation and it can seem overwhelming. The agreement needs to be thorough and detailed enough to help avoid conflict going forward. A qualified lawyer will ensure all topics are covered and both parties are satisfied of the terms of separation.