What should you avoid doing during a divorce or legal separation? This is one of the most often asked questions by couples contemplating formal separation. After all, separation is a tough and emotionally demanding experience. In their drive to end a relationship, couples frequently make costly mistakes resulting in litigation and significant legal fees. For legal advice, consult a
divorce attorney today.
So, if you are considering divorcing your partner, it is vital to understand what you should and should not do throughout the legal separation process. Being cautious of some things can prevent you from significant disagreements and squandering thousands of dollars in legal proceedings.
What is a legal separation?
Legal separation is the court-ordered separation of couples without the dissolution of their marriage. This implies that even if the couple has the legal freedom to live apart, they are still legally married. The court splits their assets and debts but does not dissolve their marriage.
With a legal separation, the potential for reconciliation remains, and couples can give their marriage a second try. This implies that if they can work through their problems, they can choose to live together as a married couple again. Divorce, on the other hand, is definitive and irreversible.
Why do spouses choose legal separation?
Couples choose separation over divorce for a variety of reasons. Among them are the following:
• to maintain their marriage despite remaining apart
• to take advantage of the federal tax incentives available to married couples
• to continue receiving the subscriber's health insurance benefits
• to benefit from increased social security payments after ten years of marriage
• to satisfy their religious beliefs
• to assist a financially insecure partner until they can stand on their own
Aside from these reasons, many couples choose legal separation over divorce because they are either unprepared to negotiate a divorce agreement or do not meet your state's divorce residence requirement.
How long can a couple stay separated?
The duration of your legal separation is entirely dependent on you and your spouse. After six months of legal separation, you may choose to divorce. You may even decide to stay legally separated for the remainder of your life.
Separation is a legal action in any scenario. Until it is finalized, considerable caution must be exercised, as even a minor error can convert your nice legal separation into a disputed divorce. This is why it is important to consult an experienced attorney who can guide you on what you should and should not do for a smooth legal process.