Have you considered the benefits of a legal separation? Sometimes, it provides an ideal precursor to hiring a divorce lawyer. Couples who have children under the age of 18 can set up custody during separation, continuing to co-parent their children.
Two outcomes typically stem from a mutually separated couple. They either decide to go ahead with their divorce or they decide to move back into the family home and try to repair their marriage. The time away from one another removes hostilities, halts arguments, and provides physical and proverbial space which tops the list of benefits of a legal separation.
Where Do You Live During a Separation?
One spouse remains in the family home during separation, while the other spouse moves out. The spouse that moves might rent a hotel suite, or apartment, or buy a condo or second home. If the couple owns more than one home, one spouse might move to a secondary abode.
Separating as a couple does not absolve either party from parental duties or shared bills, such as the mortgage payment. If one spouse decides to leave, that spouse should contact an attorney to have formal legal separation paperwork prepared. This legal filing results in a court order that eases the next step—divorce proceedings. If the couple decides mutually to separate, they can split the legal separation cost, usually about $1,000. Contested separations can cost up to $100,000.
From table to bed. Or from bed to board. “A mensa et thoro.” Latin. Meaning legal separation.
A legal separation means the following things in American:
- A separation physically between partners in a marriage.
- A possible allocation between resources for children.
- A chance for those that are married to work out their differences while living physically separated.
“A mensa et thoro” has numerous legal advantages for a couple considering a divorce. First, in courts that are tough to get a divorce hearing, a legal separation means they have an automatic court date. It also shows the judge that they are serious about the divorce and carefully considered it.
A legal separation, issued typically through a court order, allows the couple to live apart without the potential of being prosecuted for desertion. Desertion (or abandonment) in this case is considered “abandonment of family,” where the partner within the married couple who decided to live separately can be looked at as abandoning their responsibilities of husband or wife.
This can be looked at as “malicious abandonment.” This can result in being brought to court and be looked at as grounds for divorce.
Another reason a person may choose to file for separation is the alleged physical, emotional, or verbal abuse that is taking place within the home. The separation in this case allows the person who is being abused to seek refuge in another physical location without being brought to court for desertion.
The person being abused in this case can gain some distance, still have some custody over the children, and possibly recollect about whether to file for a full divorce.
In any case of separation, the separation does not remove the binding law of marriage from the couple. They may not remarry at this point. It gives distance between the couple. In some cases, a separation may allow them to reconcile their differences, whether they are monetary, due to some kind of misbehavior, or another kind of issue.
In cases of legal separation in the United States, the issues of child custody, child support, alimony, and division of assets may be addressed. In this case, a law firm might help an individual to gain the expertise they need and representation they need to get what they feel is the right amount of money, custody, or support.
A lawyer, for instance a divorce lawyer, should be well-versed in child custody law and can help individuals acquire the custody they need.
In all cases, it’s important to be strongly represented in a court case, whether that court case is a legal separation or a full divorce filing. There are many statistics surrounding divorce rates, so here are three:
- More than 1 million children are involved in divorce proceedings every year.
- In the United States, there are about 876,000 divorces every year. That means there is a divorce happening every 36 seconds.
- 41% of first marriages, 60% of second marriages, and 73% of third marriages end in divorce.
Legal separation law is important. A lawyer who is well-versed in legal separation law can give you what you feel you need from the separation proceedings, which may include joint issues such as child custody, division of assets, and alimony. Knowing legal separation law yourself can keep you educated about the possibilities and the process.
