What is a Legal Separation?
A legal separation is an option other than divorce for those who want to live apart. By choosing legal separation women can save both money as well as conflict. A legal separation is mostly used as a trial run before the court awards a judgment of divorce. During a legal separation you can take the time to work on the marital problems with your husband while living apart or, if need be us the space and distance to work on your own personal issues.
A legal separation can be viewed as a “breather” from the marital problems. Once you have removed yourself from your husband you may begin to see things more clearly. Legal separation is perfect for those who are not sure about divorce but need a break.
For the duration of a legal separation, a separation agreement will be drawn up with the assistance of an attorney. A legal separation agreement can be later converted to a divorce declaration if you should make the decision to eventually divorce. The conversion usually happens with the help of divorce mediation which should considered as an inexpensive process which does not involve a courtroom battle.
The Advantages of a Legal Separation :
1. You can stay married while living separate lives. A legal separation is mostly considered in cases where the couple finds it extremely tough to get along and live amicably. With the help of legal separation, you can take a break and figure out what you and your husband want from each other and the marriage. There is no valid reason to rush into divorce, as it may be a decision you may repent later.
2. During a legal separation you can either opt to work things out or you can either proceed towards a divorce. Many a times women prefer opting for a legal separation instead of a divorce because of religious beliefs.
3. For those worried about losing health insurance coverage a legal separation may be the answer. During a legal separation you live separately but still have the same protections that marriage gives you. Financially this can be a smarter option than divorce.
Not all states offer the option of a legal separation. Consult your state’s divorce laws to find out if your state incorporates legal separation in with their family law code. Even if your state doesn’t recognize legal separation there is no reason you and your husband can’t hire a divorce attorney and come to an agreement while choosing to live apart. It won’t be an agreement that is “court ordered” but it will be a binding contract between you and your husband which makes it enforceable.