Legal Separation Prefer To Divorce

Legal Separation Prefer To Divorce

Legal Separation Prefer To Divorce

Legal separation by couple can be equated to a divorce. It involves the same procedure of filing documents with the court to start a legal action. The court is to decide where the children of the intending separated couple will live, the debts, and the assets are also decided by the court. At the end of the process, the parties are legally separated as an alternative to divorce. It means that the marriage is still valid, but the only difference is that they are not responsible for each other and careless what the other party does.

A legal separation is regarded as the best option for couples not getting along. It could also be regarded as break period and a period when couples satisfy their individual desires. It is a nasty idea to rush into getting divorce for some people and it is a decision that has to be well thought out just as the marriage should have been.

Sometimes people work things out when they are on a legal separation. At times it does not work out that easily, but the parties involved insist on getting divorce. A year after the legal separation is granted, one of the parties can convert the separation to a divorce through petition. This can be done without any further hearings and the other party cannot prevent it from happening. Often time people prefer the separation instead of a divorce because of their religious beliefs or for insurance purposes.

The marriage is terminated if the party then decides to get a divorce. In order to achieve this, the parties involved will go to court and decide how to handle questions of the children and how to divide their marital properties. Each party will be responsible for one half of the marital debts if any.

Anything that the couple bought while they were married is regarded as marital property. Whose name the property is in or who actually purchased the property is irrelevant. Bank accounts, pensions and stocks are marital properties even if they are held only in one of the parties' name. Property brought into the marriage is still marital depending on the length of the marriage and the type of property. The court will be as just as it can and sometimes the parties involved will make the right choices about being fair in the divorce.

Appropriate decision by the couple is necessary regarding how things should be divided before actually going to court. Both parties should have attorneys and this will help the progress of the suit without having to worry about any legalities. This labeled as the best way to protect each party's assets and to make sure that the proceedings are fair.

The motives behind separation rather than divorce are as follows:

I.Religious Apprehensions their region may not have supported divorce. Instead of going against their region belief they will decide to resort to separation.

II.Awaiting Period for divorce - Their state law may require them to waiting for a period of time pending the entry of a judgment of divorce. Since they can no longer cope together they will prefer to separate.

III.Probationary Separation - they may decide to separate during trial period hope that the marriage can be reconciled.

IV.Insurance issues - they may wish to allow one of the spouses to benefit continually from the insurance coverage provider of the other spouse.

V.Tax deduction they may go into it in order to take the associated tax deduction.

VI.Social Security and Pension Benefits - Sometimes spouses may wish to defer formal divorce until the married is long enough to qualify them for certain Social Security or pension benefits.

The question now is that is it possible for marriage couple to separate without going to court? The answer is yes if there is mutual understanding among the couple. It could also be a written agreement.

But is it the way best way of resolving marital issues? More insight is required

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