It's Not Working Out: 3 Reasons You Should Consider A Legal Separation

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If you and your spouse are having marital problems, it can be difficult to resolve those issues if you continue living under the same roof. Sometimes, a break away from each other will give you the space you need to work through your problems. In other cases, a break can give you the opportunity to finalize plans for a life alone. In either case, a formal separation may be the answer. Formal separations allow you the opportunity to deal with marital issues before proceeding with a divorce. Here are four reasons that a legal separation may benefit you.

Spells Out Terms of the Separation

If you and your spouse are going to be separating prior to the divorce, you need to have the details of your separation in writing. This is particularly important if spousal support or child custody arrangements are an issue. A legal separation will formalize any agreements you and your spouse reach. The legal separation agreement will also formalize issues regarding the division of assets and debts.

An added benefit is that any debt you or your spouse acquires during the legal separation will not transfer to the other spouse. That means that if your spouse acquires debt during the separation – and you eventually divorce – you will not be financially responsible for that debt.

Allows Court Intervention if One Spouse Reneges on Agreement

If your spouse refuses to honor the terms of the separation – and you did not obtain a legal separation – you may not have any legal recourse to enforce that agreement. However, if you and your spouse have filed for a legal separation, you can ask the court to intervene if your spouse reneges on the agreement. This is particularly important if your spouse stops paying spousal or child support.

Separation Agreement Acts as Basis for Divorce Settlement

If you and your spouse proceed with a divorce after obtaining the legal separation, the agreement you entered into for the separation can be used as the foundation of your divorce settlement. This can make the divorce proceedings move along quicker than if you had to start from scratch to reach an agreement for a settlement.

If you and your spouse can no longer live together amicably, it might be to your advantage to consider legal separation. The information provided above will help you decide if a legal separation is in your best interest. If you have other questions about how a legal separation could benefit you, be sure to speak to your divorce attorney. To learn more, speak with someone like Timothy  W Hudson Attorney.