Is Legal Separation Your Path Ahead?
A legal separation is a proceeding very similar to a divorce or a dissolution; however, it does not result in the termination of the marriage. In a legal separation, the parties will allocate their assets, determine child custody and parenting time, and decide on appropriate child support and spousal support payments, just as in a divorce.
The key difference is that at the end of legal separation proceedings, the parties will live separately but remain legally married. This distinction is important to some couples because of their:
- Religious beliefs
- Health care needs
- Hope for eventual reconciliation
How It Usually Works
Normally, after the legal separation is ordered by the court, the parties will live separately, and any property acquired after the order will be owned entirely by whichever party acquired it. A legal separation also means that the parties cannot remarry. If they later decide to divorce, some processes will need to be done again.
Legally separated couples may face issues such as lack of clarity about what will happen with property if either party dies, and how taxes should be properly filed. Legal separation is a relatively uncommon method for married couples to separate but may be the most appropriate option in certain circumstances.
Ask An Attorney
If you would like to discuss the possibility of pursuing a legal separation or want help deciding the best option for your specific situation, contact Soroka & Associates, LLC, today. You can contact our Columbus office at 614-358-6525 or fill out our online contact form.