Many married couples prefer to work on their relationship before deciding to end the marriage. However, you may want to do this work in separate households. When thinking about separating, you should talk to a divorce attorney. He or she can draw up a legal agreement.
A married couple usually has children, share household responsibilities and joint bank accounts. It is important to protect yourself while out of the household. Read on to find out how a legal separation can protect you while going through a divorce.
Find Out If Your Separation Is Recognized By Your State
You need to live in a state that recognizes this agreement. To get a legal separation, you must file a petition in your local Superior Court and Family Division. However, certain states do not recognize legal separations, such as Georgia, Florida, Pennsylvania, Texas, Delaware, and Mississippi. If you live in a state that does not, then your assets are not protected. It means you must stay in the household or decide to proceed with the divorce.
Gives You Access To Child Support
When a couple decides to separate, one person keeps the children, and the other one leaves the home. Child custody is one of the issues that are settled during the divorce. On the other hand, child support is an issue that needs to be settled during the separation. If you have custody and want financial support, then you need to file a motion in family court. Filling this motion forces the non-custodial parent to financially support your children while out of the household.
Get Spousal Support
Spouses who stay at home are going to need support from their spouses. A legal separation agreement helps you with getting financial support. Spousal support is not only limit to stay at home spouses. Spouses who work can make this request as well.
Many married couples share household expenses. These expenses may include mortgage, car payments, health insurance and utilities. If one person moves out of the household, then it is difficult for the remaining spouse to cover all of the bills. However, a separation agreement allows the couple to make an agreement about who will pay what bills.
If you want to save a marriage, then you have to put in the work. It may mean seeking counseling and digging deeper into your faith. However, if your marriage cannot be saved, then you must know when to move own. A lawyer can help you to get started with your divorce proceedings.
For more information, contact a lawyer like Tise Allan Brandon.