David Mejias on legal separation laws

There are different types of circumstances that may cause couples to separate. Separation is considered to be the first step taken by couples if they experience problems in their married life. They can contemplate divorce. Besides this, separation is stated to be a temporary period where they get to decide whether to reconcile or go away in different ways. If in the negative, then they can file for a legal divorce. Until court declaration, they are not separated legally. 

About legal separation

This term is also referred to as ‘marital separation’. It is a binding agreement that the separated couple needs to adhere to. This agreement clearly specifies their agreed-upon guidelines while living apart. It includes items like how to manage their assets and affairs. Once this agreement is reached, it certifies the separation while providing it with legal status. However, a formal divorce is yet to be confirmed. 

What to know?

The couple adhering to legal separation need not necessarily stay in different houses. They can rather stay at the same place and still be considered legally separated. However, it is determined if the binding agreement is created or not. In case any party violates the agreement, then it is enforced upon by the family court. Dave Mejias is a professional family and divorce lawyer who can help couples to divorce amicably. 

What does a legal separation agreement include?

It contains provisions to accommodation things that the couple is eager to include before getting separated legally. Generally, it includes child or spousal support, living arrangements, division of assets, visitation and custody schedules, financial responsibilities, etc. Both parties do require hiring an experienced lawyer who will ensure that important clauses and requirements are entered into the agreement. Here, one should depend upon professional expertise and not just mere family suggestions and advice.

When legal separation takes place?

It takes place in two ways. Both are considered to be a binding agreement that is approved by the honorable court. Whatever decision is made, both parties need to adhere to it.

• A couple voluntarily prefers to get legally separated until they identify solutions to resolve marital issues. 

• Court and state laws require couples to get separated for a specific time period before applying for a divorce. 

Is there a need to hire a lawyer to get legally separated?

If any party or both of them have finalized to enter separation agreement then the services of a qualified family lawyer will be essential. Being knowledgeable, they can help provide valuable advice on do’s and don’ts as well as educate on the different prevailing laws that are followed in the state. They will also specify how the laws will affect both parties. Different states have different laws that need to be followed. 

Other assistance

Based on the prevailing condition, the lawyer can also evaluate the best available options. They can help both parties to plan their future if they have decided to get separated completely and apply for divorce proceedings. The lawyer will also answer concerns or proceedings concerning legal separation and getting a divorce. With their guidance, couples can get divorced without much hassle or conflict.