4 reasons a legal separation is important

On Behalf of | Feb 7, 2018 | Blog, Firm News

Divorce is usually a long and complicated process. It can sometimes take months to complete the entire ordeal. For most people, the process starts when one spouse or the other moves out of the marital home. Unfortunately, if your husband moves out of your house in Visalia, it does not necessarily mean that your separation is legal.

As the first step in your divorce, you should consider making your separation legal. Doing so will a go long way to protect your interests. If one of the following reasons for legal separation applies to you, it might be a good idea to take this path.

High conflict

If you and your husband are ending things with a high level of contention and cannot seem to agree on even basic things, then a legal separation is a great option. The document will make it clear what your respective obligations are during the time you are separated and before the divorce is final.

You don’t trust your spouse

If you are worried that your husband will not uphold his end of any verbal agreements the two of you make, then you can make your separation legal. If you do this, you will have the backing of the law if your soon-to-be ex-husband violates any terms of the agreement.

You have children

If you have children and you need child support, you will also need a legal court order to be able to enforce the terms of the support. A legal separation can provide this kind of protection. This means that if your husband stops making child support payments during the legal separation period, he will be in violation of a court order. In addition, the legal separation agreement can set up a visitation schedule and other custody issues.

You need spousal support

A legal separation can also provide spousal support if you were a non-working spouse during your marriage. Just like the later divorce decree, your legal separation will specify how much your spouse must pay you and when he has to make the payments.

If you are considering divorce, a legal separation can be extremely beneficial. While it can provide legal protection in some situations, it also provides a solid date as to when any additional income or property you acquire is separate from the marital property that will be subject to division in your divorce settlement.