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Legal Separation Q&A

Posted on : June 1, 2015

When any relationship fails, it’s an emotional experience. If you are married and your relationship ends, know that divorce is not your only option. There are many instances in which a legal separation may be a better choice for you and your individual situation. Here are answers to your important questions about legal separations.

What Is a Legal Separation?

Simply put, a legal separation is the division of a married couple’s assets and parenting responsibilities in order for them to live separately while still remaining legally married. Although the marriage is not terminated, the parties can live independently as though they were divorced.

What Are the Benefits of a Legal Separation?

While legal separation isn’t for everyone, there are many benefits to it. If there’s a chance that you and your spouse may be able to reconcile in the future, a legal separation is far easier to reverse than a divorce. Additionally, remaining legally married can allow you to keep important benefits like retirement benefits, health insurance, and more.

Why Not Just Live Apart?

Living apart for a short period of time is an acceptable way to test the waters to determine if you and your spouse really do need some space from each other. However, if you will be separated for any length of time, it is important to seek out a legal separation. A formal separation provides you with a court order that outlines the responsibilities and obligations of each party, and it is enforceable should one party fail to meet their obligations. If you and your spouse are simply living apart, there is no way to enforce or regulate the actions of your spouse if they stop paying child support or refuse to give up assets that you have previously agreed on splitting.

Can You Still Get a Divorce After Being Legally Separated?

If you and your spouse have tried a legal separation and have come to the decision that a divorce is the best option for your unique situation, you will be able to get a divorce after being legally separated. In fact, the divorce itself may be easier and faster if you and your spouse have already reached an agreement on how debts and assets will be divided or how parenting responsibilities will be shared.

Contact a Divorce Attorney Today

If you and your spouse are struggling with your marriage, a legal separation may be a good option for you. An experienced divorce attorney in your area can assist you with determining the best steps in your unique situation and can help guide you through it with confidence.

Contact the Law Office of Elyssa Williams today to discuss your legal needs in detail by calling (678) 593-3265 or (678) 613-5732 for a consultation.

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