When a couple is considering a divorce, they often decide to separate for a time before actually ending the marriage in order to see if it is what they really want to do. They have the option of doing this informally, by working out an arrangement casually between themselves. They may also choose to have a legal separation, which is the creation of a court-approved document that outlines the terms of the separation and is agreed to by both spouses.
In some states, a legel separation may be required before a divorce will be granted.
In other states, a legel separation may not be required but may help the divorcing parties to move through the process faster. In such states, if you are seeking a divorce and you have a formal legal separation, you may be able to obtain a no- fault divorce after a period of six months instead of having to live apart for a year before the divorce is granted.
In other cases, a legel separation be a voluntary living arrangement on the part of the parties. The legel terms of the separation are applied simply to make sure that each party has support and protection before a final divorce settlement agreement goes through.
This type of legel separation agreement can outline whatever terms the couple feels are important, but it typically focuses on details such as who lives where and who agrees to take possession of what property during the separation. The document can also include information about alimony payments, child custody arrangements, and marriage counseling. The document should be signed by both spouses and it may be wise to go over it briefly with a lawyer.
What if a couple with a legel separation decides to reconcile?
Should the couple choose to get back together, they can void the separation agreement at that time. Should they go on to a divorce, the divorce documentation will take over where the separation contract left off.
If you wish to draft a legal separation agreement, it is a good idea to consult with a lawyer. Your attorney can assist you in making sure your rights are protected during the separation process.