Understanding Legal Separation

In many cases, couples experience serious marital difficulties and want time away from each other, but they are not sure if divorce is right for their situation. In such circumstances, legal separation may be a great option, as it offers a number of benefits. When couples choose this option, they work with their attorneys to create a separation agreement, which is a legal contract that details the various issues of remaining legally wed while living separately.

The separation agreement will address such things as custody and visitation, financial matters, the division of the household duties, and each spouse's rights. The contract is legally binding, and if one spouse fails to hold to the terms of the separation agreement, the court can enforce it.

If you are considering this alternative to divorce, it can be helpful to understand the benefits. Some of the advantages of separation include:

  • The ability to maintain marital status for religious reasons.
  • You can continue certain legal benefits, such as social security and health benefits, depending on the length of your marriage.
  • You can continue to jointly file your taxes with your spouse.
  • You can live apart from your spouse to think through your problems and determine if you truly wish to end your marriage.

Legal separation can have a number of implications upon you and your family, so it is important that you retain knowledgeable legal counsel for your proceedings. If you think separation could be the right choice for your situation, please contact our skilled attorneys at Claery & Hammond, LLP. We can help you understand your options and protect your rights while creating your agreement. Our team has led countless couples through legal separations, and we would be proud to assist your family through this process. Don't hesitate to call our offices if you would like to learn how separation could benefit you and your spouse.