If you are thinking about ending your marriage, you may be wondering if you should have a legal separation in place while your divorce is in process. While some couples separate for a time and either move forward with a divorce or try to reconcile, these are usually not cases of legal separation. When you opt for a legal separation, you will have to obtain a court approved agreement that details the terms of the separation.
In order to make your separation legal in the Charlotte area, you will have to follow the prescribed legal process. Your attorney will be able to help you through the process so that you can feel secure knowing that your separation is supported by a court order. Read further to find out more about the benefits of legal separation.
Benefits
In many cases, couples that do not wish to divorce but do not want to live together anymore choose to get a legal separation. The separation agreement works very much like a divorce decree. It addresses issues such as child support, custody, alimony and property division. Of course, you have the option to reach an informal separation agreement with your husband, however, if he does not honor it, you have very limited legal options. By choosing to obtain a legal separation, you have a legal avenue to go down to enforce the agreement.
You are still married
While a legal separation includes elements that are very similar to a divorce, the main difference is that you remain married. This means that you cannot remarry until you complete the divorce process. If you choose to continue with a divorce, the process will be much easier with a legal separation already in place. This is because the separation agreement generally addresses all the issues you have to settle in a divorce.
If you and your husband intend to separate, either temporarily or prior to starting divorce proceedings, you may want to consider making it legal. Your attorney will be able to help you draft a separation agreement and obtain a court order to make it legal.
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