Guide to Legal Separation



Posted: Thursday, August 20, 2009

by
Rocheleau Law Group

A Simple Guide to Legal Separation

The thought of splitting from your spouse can be hard, but once you reach the decision to go through with it, the process of having it legally recognized can be harder. There are so many kinds of splitting that is recognized in legal courts, however, legal separation could be the one option that is an in-between of every other option. You can legally be physically far from your spouse and have your legal rights and privileges represented as an individual, however, should you choose than, somewhere down the road, you want to get back together with your spouse, you can undo the separation and get back together. No harm, no foul.

However, even though legal separation is not as final as annulment or divorce, it is still a legal process, thus, it also has its legal implications and obligations. So you should be well-informed when it comes to applying for and receiving a legal separation from your spouse.

First and foremost, you need to find a good lawyer who is well-versed in all aspects of legal separation in your area. Different areas have different laws when it comes to legal separation, and you should know yours. It would also serve you well if you canvass around for different lawyers, and referrals from friends and family will always help. A background check is very helpful, so that you could have an idea how much your lawyer can help you.

Secondly, you should talk to your lawyer regarding all the things you should have covered. Discuss all the things that are essential, such as division of property and assets, alimony and child custody if it is necessary. Once you have come to terms with all these things, your spouse will be served with a petition to agree to your terms. If he or she agrees, then both your signatures will be required to make the document official.

However, if your spouse does not agree to the terms, or even to the whole legal separation itself, then you can serve a petition for your spouse to appear so that you can work on the terms privately, generally in the presence of your lawyers serving as mediators. If worse comes to worst and you still can't come to terms, then the case will go before a judge. From there, the judge will be the one to negotiate and ultimately dictate the terms of your legal separation.

All in all, its a very messy and long-drawn process, however, it can be vital to a married couple. It can give them a chance to slow down and take a look at their lives and where its going, and, in the end, make the right decision regarding themselves and their family.

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Top-level comments on this article: (1 total)
» left by Nina Kaufman, Esq. from New York, NY 2 years 70 days ago.
Also consider adding other professionals to your "team" to help you through this difficult time. A financial advisor who is certified in "divorce financial planning" can provide an objective viewpoint on whether the financial settlement is reasonable under the circumstances; a licensed therapist can help you cope with the emotional issues so that they don't muddy the legal waters.
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