If you've reached a point in your marriage where you don't want to be together but you're not quite ready to make it permanent, it might be time to consider legal separation. Legal separation allows you to live separately while remaining married. This is often the best option when reconciliation is possible. Before you finalize your separation, there are some important issues that you should address. Discussing these issues and coming to an agreement between the two of you can help avoid problems later on.
Living Arrangements
This is particularly important if you and your spouse own a house together. You might both want to retain possession of the house. If you can continue living in the same house without problems, you may want to continue stay in the home. If you have children together and you're going to want custody, it may be best for you to try and stay in the home.
Spousal Support
Before you agree to a legal separation, you'll need to reach an agreement about spousal support. This will depend on the length of your marriage, as well as the earnings potential of you and your spouse.
Division Of Assets And Debts
If you have joint assets and debts, it's important that you divide these before you agree to a separation. The assets should be divided in a way that is fair to both of you. It's up to the two of you to decide what is fair. You'll also need to know who is responsible for paying the bills to avoid credit issues should you eventually divorce.
Custody And Visitation
If you have children together, custody and visitation arrangements should be included in the separation agreement. Be sure that the arrangements are something that you can live with. You'll need to have these arrangements in writing to prevent problems later on.
Child Support
Child support is another important part of the separation agreement. You and your spouse will need to agree on the amount of support, as well as who will be paying the support. In most cases, this will be determined by who will have primary custody, as well as the earnings of both parents.
Your separation agreement is one of the most important documents you can have, should you decide to divorce later. In most cases, your separation agreement will become the basis for your final divorce settlement agreement. If you and your spouse can't agree to terms, you should discuss mediation with your attorney. A mediator may be able to help you and your spouse come to a separation agreement that you both can live with.
Share18 December 2014
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.