Marriage Dissolution: Legal Separation As A First Step

Marriage is among the happiest and most exciting of occasions for the couple

, their families, and friends. It's a happily-ever-after scenario with the couple bonding in everlasting love and devotion, 'til death do we part. Unfortunately, the circumstances of life and conflicts between the couple can sour that happy story at any point in the marriage, regardless of the promise of that momentous day. What happens then?

Considering the dissolution of a marriage is always a painful matter, no matter how amicable the couple is determined to make it. When children are involved, it is even more complicated and difficult both emotionally and legally. Tough decisions have to be made, requiring cooperation even when communication has broken down. Though it's possible to settle matters without an attorney, having a professional advocate with expertise in family law can make the difference between a successful outcome and one that escalates for years into a situation that serves no one positively.

Before a decision is made to divorce, it can be sensible to begin with a separation. A legal separation is an option that involves a division of assets, child custody and support agreements, and a court ordered outline of responsibilities, without ending the marriage. It allows time apart, living separate lives, to decide if divorce is really the answer. Since the married status stays intact, medical and other benefits remain available. If divorce is ultimately decided upon, the separation agreement can be transferred, saving significant time, money, and heartache.

When entering into a separation agreement, both parties need to be prepared to accept the terms as permanent to avoid further problems in the future. Though a legal separation does allow some breathing space before a final divorce decision, it is a legally binding agreement with all that it entails. As in a divorce proceeding, if either party contests any part of the agreement, it will go to trial to be decided upon by a judge. A separation lawyer can ensure that you are able to take full advantage of your legal rights, guide you through the process, and advocate on your behalf.

It is never a wise choice to enter into any legal agreement without the assistance or consultation with a lawyer, especially one that has such life-altering consequences as a separation or divorce. It is imperative to protect your rights and to make the process go as smoothly and expeditiously as possible. An lawyer experienced in family law is the expert you need to represent your interests for the best possible outcome for your particular situation.

by: Art Gib

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