Legal separation is a legal process where couples formalize their separation by signing the legal separation agreements but they remain legally married. In most cases, the separation is served in the form of a court order. Legal separations don’t have to result in divorce. In the event you reconcile with your spouse you continue with your marriage without doing anything. If there are irreconcilable differences, you should go ahead and file for divorce.
When to consider legal separation
There are many times when you are better off considering legal separation instead of divorce. These times include:
When you want to work on your marriage: Sometimes you are unable to solve issues when you are still living together. When you are having issues in your marriage but you want the marriage to work, it’s good that you legally separate so that you can solve your issues from different areas.
To test the waters: When you are exchanging words with your spouse, you may think that divorce is the best way out only to realize that it’s stupid. To test the waters and see how things would go in the event you separated, you should get a family lawyer and file for legal separation.
To prepare the children: Studies show that children are heavily hit by divorce. If they are still young, it’s good that you slowly introduce them to the idea of living away from their other parent by first separating. Once they have got used to the idea, you should go ahead and file for divorce.
Personal or religious beliefs: While some people don’t blink when going through with the divorce, some people can’t do it due to their personal or religious beliefs. If neither of you is interested in remarrying, legal separation is the easier route.
Features of legal separation
When you are separating with your spouse there are a number of things that you need to consider. One of the things is child support. Your separation doesn’t mean that life comes to a halt. The children need to go to school, feed and as parents, you have to meet their needs. You should work with your child support lawyer and spouse and reach an agreement on the amount that each parent will be contributing towards the upbringing of the children. If one of the parents doesn’t work, you should also reach an agreement on the amount that the high earning parent will be giving the other parent.