Today, there are a number of marriages that are strained. Some of these relationships may be salvageable, but in some cases, divorce becomes the chosen method of ending things. Celebrities have even found themselves in these predicaments. Separating from the other spouse can be a temporary alternative to divorce, but people need to understand the importance of legal separations, which involve the courts. One spouse simply moving out of the home without involving the courts could cause problems in the future.
Document Issues in the Marriage
Involving the courts will allow you to have a record of the issues in your marriage. For example, infidelity or drug use could be issues in the household. Perhaps the spouse who is not participating in these activities would like the other spouse to get professional help. Marriage counseling involves the participation of both spouses, and this could also be agreed upon in legal separation proceedings.
Establish Temporary Custody and Visitation Arrangements
If children are involved, you and your spouse will need to decide who they will reside with. Sometimes this becomes a "tug of war" situation when both parents want sole custody. Some judges may rule in favor of joint custody. If one parent is given sole temporary custody, visitation arrangements will likely be established for the other parent.
Keep in mind the visitation arrangements are enforceable since they are established by the court. If you are the custodial parent, you could find yourself in trouble if you refuse to let the children go at the specified time. Non-custodial parents could get in trouble for being late to pick-up and drop-off the children, as well.
Determine Spousal or Child Support Amount
Financial support can create more tension within families. Even if your legal separation is amicable, it would be best to let the court establish the amount to be paid, rather than agreeing with your spouse on an amount.
This is because the amount established by the court will be legally binding, but it may be hard to prove an agreement that took place when no one else was present. Courts also use calculations to determine fair support amounts.
Your spouse likely means well, and if you think the amount the court recommends is excessive, your lawyer can voice a lower amount on your behalf. Some people only seek child support, but spousal support may also be considered by the court if one spouse does not work or makes significantly less than the other spouse.
Final Thoughts
Legal separations are generally ideal for people who think there may be a chance for things to work out. They could also work for couples who do not want a formal divorce to occur until their children are older. A family lawyer, such as Karp Law Offices, is a good resource to use if you need to sort out the details of a separation or divorce.
Share31 December 2014
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