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Legal Separation

Legal Separation

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If you and your spouse have decided you no longer want to live together but you do not want to get divorced, a legal separation might be in order.  A legal separation is more involved than simply moving out of the marital home.  A separation agreement needs to be created that covers the same areas you would cover if you were getting divorced.  You will determine the division of your respective assets and debts, as well as parenting time and decision-making responsibilities if there are children involved.  

It is important to have an attorney representing you during this process.  Basler Family Law will work with you to ensure that you are protected during the process and guide you through deciding whether legal separation is right for you.

Why Get Legally Separated?

You might be wondering why some people get legally separated instead of just getting divorced.  There are some benefits to taking this approach before or instead of a divorce.  

One reason is that some couples are morally opposed to divorce.  Legal separation allows these couples to live apart without having to undergo a divorce.  They have paperwork in place to protect their interests but do not have to actually be divorced.  

Another reason for legal separation, is that some couples want the tax benefit of being married.  Or perhaps one spouse might need to remain on the health insurance of his or her spouse. 

Another common reason for legal separation is that the couple might have hope to work things out.  They might believe that some time apart will help them move past their problems.  They see a legal separation as a way to live apart while trying to resolve their issues.  With a legal separation, either party can convert the legal separation into a divorce down the line if they want to.   

Because of these, and other reasons, legal separation may be an option for you.  It is important that your interests are protected during the legal separation process, which is why is it so important to hire an attorney.  Your attorney will have one job to do, and that is to ensure your interests and any children you have, are protected during the legal separation process.  

The attorneys at Basler Family Law will negotiate with your spouse or their attorney on your behalf.  This process can be time consuming, emotional, and stressful.  We are here to make it as efficient and painless as possible.