Legal separation is similar to divorce. A legal separation is a legal action filed by a married person or domestic partner who wants to stay married or in the domestic partnership, but also wants to resolve all other issues, such as child custody , child support , and spousal support and complex property division.
If you are considering filing for a legal separation, contact Marcus E. Stein today.
A legal separation separates the property and debts of the parties so you will no longer be legally responsible for your spouse. A legal separation decides custody, visitation and child support issues. You will remain married to your spouse with a legal separation. A legal separation will not terminate any life or health insurance.
LEGAL SEPARATION REQUIREMENTS
A legal separation requires judicially approved division of marital assets and resolution of issues related to child custody and visitation, child support, and spousal support. It is important to obtain the assistance of an attorney to ensure that your concerns are adequately addressed and your legal rights protected as you progress through a legal separation. At Marcus E. Stein law, we strive to consider the particular needs of each client’s matter and to obtain a fair and equitable outcome for our clients, be it through litigation or negotiation and settlement.
The most common reasons for a legal separation are religious principles preventing a divorce or reasons related to a spouse needing to be able to continue maintaining continuous health insurance coverage. Specifically, some religious faiths do not allow spouses to obtain a divorce or significantly limit the reasons for doing so. Also, circumstances may exist that a spouse has a significant physical ailment that would not be covered by his or her spouse’s health insurance plan or some other plan if the parties were divorced. In both of these circumstances, a legal separation may provide a more suitable alternative to a divorce.
Another reason a person will file a legal separation is because he or she does not meet the residency requirement for filing for a divorce. Then, after the residency requirements are met, the action is amended from a legal separation to a divorce. There are no residency requirements for obtaining a Legal Separation.
After a legal separation is ordered if either spouse later wanted to marry someone else, that spouse would have to file for a divorce regardless of the fact that the parties had already been legally separated. If you are wondering if legal separation is the option that would work best for you and your spouse contact Marcus E. Stein today.
As the above suggests, while legal separation does not necessarily lead to a divorce, it can leave the door open to reconciliation, in which case the parties typically do not need to do anything more since they are still married in the eyes of the law. If, however, the couple does not manage to find common ground, they may then wish to go through with a divorce, which must be filed for explicitly.
LEGAL SEPARATION ATTORNEY LEGAL CONSULTATION
Facing issues such as legal separation and divorce is traumatic enough. Working with a lawyer shouldn’t add to that stress. Marcus E. Stein recognizes that family disputes and divorce do not discriminate. People from all walks of life may find themselves in the middle of a divorce or separation. If you have further questions about legal separation or divorce or want to arrange a confidential consultation, please contact us today.