Marriage separation how long does

In jurisdictions without the right to a legal separation, the spouses could simply live apart and enter into a written separation agreement signed by both spouses , which would have the same effect. In a legal separation proceeding , a court can decide matters such as child custody and support, alimony and property division.

However, as stated above, the spouses will remain legally married and cannot remarry unless and until they get a divorce. Some couples choose a legal separation because their religious beliefs prohibit divorce. Other couples consider a legal separation to be a "cooling-off period" in a troubled marriage. Whatever the reason, a separation has the advantage of providing a legal framework for both parties in the event one does not follow the terms of an agreement or obligations to pay support.

For example, if one spouse fails to pay child support and alimony, the separation judgment and order s will give the recipient spouse some remedy to have the orders enforced in court - this means that a judge can force the delinquent spouse to pay.

If there is no legal separation, or separation agreement followed by a court order, there is no way to enforce the overdue payments.

With a legal separation or separation orders, the spouse that fails to pay can be held in contempt for violating the order - contempt may result in fines, penalties and even jail time. A legal separation may also bring some stability to a rocky relationship, while the spouses try to figure out whether they will stay in the marriage or pursue a divorce. If you are being asked to sign a separation agreement, you definitely need legal counsel regarding the terms of the agreement and how it affects your rights.

Never sign a legal document without appropriate legal advice. However, a legal separation may offer the same protection as a divorce and in some cases works out better. There are personal and financial benefits to consider when determining which is right for you, so let's examine both options. It is important to note that not all states allow legal separations. In these states, you'd need a divorce to financially split off from your spouse.

There are key differences between legal separation and divorce. And while we've outlined some of them above, your financial advisor or lawyer can advise you on what would be best for you. We hope this article helps you have a more informed conversation as you work through your personal situation. All Learning Center articles are general summaries that can be used when considering your financial future at various life stages.

The information presented is for educational purposes and is meant to supplement other information specific to your situation. It is not intended as investment advice and does not necessarily represent the opinion of Protective Life or its subsidiaries. Learning Center articles may describe services and financial products not offered by Protective Life or its subsidiaries. Descriptions of financial products contained in Learning Center articles are not intended to represent those offered by Protective Life or its subsidiaries.

Neither Protective Life nor its representatives offer legal or tax advice. We encourage you to consult with your financial adviser and legal or tax adviser regarding your individual situations before making investment, social security, retirement planning, and tax-related decisions.

For information about Protective Life and its products and services, visit www. Companies and organizations linked from Learning Center articles have no affiliation with Protective Life or its subsidiaries. Divorce and Finances. In some cases, a legal separation can be as complicated as obtaining a divorce. If your spouse agrees to the provisions in the petition, all you will need is for both spouses to sign and notarize the agreement so the court clerk can enter it into the court records for approval by a judge.

Do note, however, that anything you do before the court signs off on the separation agreement may affect certain outcomes, particularly as it applies to personal belongings or custody, says David Reischer, Esq. For example, "A judge may view a person that moves out of their home as having given up. The court could interpret the person that moved out of the home as abandoning the relationship and forfeiting rights to claim ownership or custody at a future date," says Reischer.

Once a judge has reviewed and signed your legal separation agreement, it will be filed and on record with the court clerk. After it is on record with the court you will want to be sure to keep a copy for your own records and follow the guidelines set out in the separation agreement. Overall, since laws vary from state to state, be sure to check with an attorney to make sure you are taking the correct steps to legally protect yourself. Your Privacy Rights.

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I Accept Show Purposes. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Brides's Editorial Guidelines.