This Isn't Working: 4 Reasons You Should Consider A Legal Separation
If you and your spouse are considering divorce, it can be difficult to continue living together. This is particularly true if your marital problems are having a negative effect on your children. Legal separation can give you and your spouse the space you need to work through the problems you're having. Here are four reasons why a legal separation may be in your best interest.
Provides You with a Formal Agreement
If you and your spouse have decided to live apart while you try to work through your marital problems, a legal separation will allow you the opportunity to create a formal arrangement that you both can agree on. This formal agreement will eliminate the potential for confusion, especially when it comes to things such as the division of assets, the responsibility for marital debts, and spousal support.
Provides Legal Protection
One of the benefits of a legal separation is that it affords you the opportunity to seek legal help if your spouse refuses to abide by the separation agreement. Unfortunately, even amicable separations can become contentious. When that happens, one of the parties may decide to oppose the agreement. If your spouse refuses to abide by your legal separation agreement, you have the option of asking the court to help you enforce the terms of your separation.
Provides a Foundation for Future Divorce Agreement
If your marriage continues to disintegrate even after the legal separation, it might be time to proceed with your divorce. If you've already filed for a legal separation, that agreement can be used as the foundation for your divorce settlement. That means you and your spouse will have fewer items of conflict that you'll need to resolve while you're working through the details of your divorce.
Provides Protection for Your Children
If you and your spouse have minor children, a legal separation will provide you with formal custody orders. These orders will include physical and legal custody, as well as child support and visitation. In most cases, the custody agreement you enter into for your separation can become the foundation for the formal arrangements that will be ordered during the divorce proceedings.
If you and your spouse are having marital problems, but you're not sure you're ready for divorce, a legal separation may be your best option at this time. If you have additional questions or concerns regarding legal separation, be sure to speak to a divorce attorney.