How Does Legal Separation Work?

Married couples grow apart, a partner strays and irreconcilable differences are all reasons for a legal separation. Couples need to separate in order to determine if the marriage is reconcilable. Some of these married couples are not seeking a divorce, but rather a temporary solution to the problem. Knowledge of how a legal separation operates may help a couple decide if this should be a consideration.

Details Included in a Legal Separation Agreement 

A legal separation divides the assets and debts, so the two individuals can proceed with disconnected lives. The separation agreement addresses the occupants for the current residence. The division includes child custody issues, visitation rights and child support. 

The Attorney and Agreement

The couple may agree to utilize a particular attorney to draft a separation agreement or may request individual attorneys. The attorney will distribute the resources and debts in accordance to the couple’s mutual desires. Generally, the couple agrees upon the details of the agreement before appearing before the attorney.  

Validity of the Contract

The document is a binding contract with terms and conditions for the separation. Details of the division of assets and debts may be revised along with child custody issues. For the legal separation to be valid, the couple must mutually agree to the separation and determine the same conclusions for the separation. 

Preamble to Divorce 

A duration time period may be agreed upon for the separation. The couple may consider divorce or reconciliation during this time. Should the couple decide that divorce is imminent, the separation agreement may be considered a preamble to a divorce with the same conditions stated in the divorce agreement.

Revoking a Legal Separation

The couple may decide to reconcile the differences and reinstate the marriage to revoke the separation agreement. In this case, the legal separation becomes null and void.