About Legal Separations
- A legal separation is a legal process that typically ends in a divorce. Once a divorce has been filed, a legal separation is automatically enforced by either the plaintiff or the defendant in a divorce case. A judge must sign a legal separation contract. Married couples can become separated without filing a formal separation or divorce, but it does not have merit or legal ramifications if it is not signed by all parties, including a judge or magistrate.
- The significance of a legal separation is that both parties have agreed to separate the unity of their marriage. The matters that take place during the separation play an important role in deciding factors in the final ruling of a divorce case. Child custody and property division are very important parts of the legal separation process.
- There are two different types of separation, an informal separation and a legal separation. The difference between the two is that in an informal separation, no legal action has taken place. One spouse may remove herself from the home, while the other agrees to these terms or decides to not pursue legal action at the current time. A legal separation happens when papers are filed in a court of law to begin the process to dissolve the marriage. Child custody and support hearings are immediately held, as well as court rulings, to decide how the marital assets will be divided. Final division of property, child custody, child support and alimony issues will be formalized when the divorce decree is signed and effective.
- Identifying a legal separation can first be acknowledged by the verbal indication given by either the plaintiff or the defendant in the divorce case. Many local newspapers also list the names of married couples who have recently filed for divorce. Property ownership is also temporarily granted to one or both parties by a judge.
- The benefits of a legal separation are that a couple who has decided to dissolve their marriage can spend time apart working on building single living establishments as well as mulling over a marital reconciliation. Counseling, as well as life transformation assistance from friends and family, are key to getting the most beneficial results from a legal separation.
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