Legal Separation
If you and your spouse have decided that you can no longer live together but do not want to file for a divorce, you may want to try legal separation. Legal separation allows couples to live apart without terminating the marriage, and issues needing resolution (such as child and spousal support) are defined in a legal document.
Many wishing to separate while maintaining the marriage title will seek the help of the court, who will determine the outcome of issues typically addressed and resolved during a divorce. Child custody and support, spousal support, and living arrangements are all matters that are addressed during a legal separation.
Separations may also be conducted by the couples themselves. In particularly trustworthy relationships, couples may settle the complex issues that accompany separation on their own. In other cases, the partners may wish to enlist the help of a knowledgeable attorney who can create a fair and lasting separation agreement.
Reasons for a Legal Separation
There are many different reasons why a couple may opt to legally separate instead of getting divorced. Many times, legal separations are used to allow the couple to spend some time apart while working on reconciling their marriage. Other common reasoning behind a trial separation includes the following:
- Religious beliefs that oppose divorce
- Wishing to extend one’s coverage of insurance and/or benefits
- Tax deductions associated with alimony
- Delay until qualified for social security benefits
Sometimes, couples who try a legal separation decide in the end that a divorce really would be the best option for them. Depending on their specific situations, they may be able to convert the separation into a divorce, or they may have to file separately for a divorce.
Contact Us
If you would like to learn more about legal separation, then the Oceanside divorce lawyers of Fischer & Van Thiel can help. Contact us today at 760-722-7646 to speak with an attorney about your questions and concerns.