Legal Marriage Separation

Legal marriage separation refers to both husband and wife living apart from one another. Generally, a legal separation does not mean the couple must soon obtain a divorce, and is instead a time to cool off from a dispute. Therefore a separation is not a divorce, yet a divorce attorney can represent you in court during the establishment of the legal marriage separation. Consequently, in order to legally divorce, in some states the couple must separate for a designated period of time. Any separation concludes with both the husband and wife living apart, yet a legal separation is the arrangement set by the court or established upon by both parties in a written agreement.

A legal separation can also define the arrangements determined by the court such as:

A legal separation is an option that determines that rights and responsibilities in which each spouse has, rather than an informal separation which does not have this luxury. Legal separations by the court may also entail obligations of financial support from one spouse to the other. These payments are referred to as temporary maintenance or alimony payments. If the spousal support is not paid, the court can take legal action to enforce the recipient obtains their rightful payments from the other spouse.

If a divorce is pursued after the legal separation, it is important to note that the agreement made during the legal separation may carry over to the divorce. A divorce attorney can assist you in making the appropriate changes if needed, before it has been determined by the court that the legal separation arrangements were feasible therefore they will carry over to the divorce

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Updated: SC

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