Many married couples living in Washington are in a state where they do not want to get divorced but lead different lives from each other and go in separate directions.
It is usually the case after being married for several years, and there are often kids involved that they need to think about before making such a major, life-changing decision.
Numerous different circumstances are there that allow a couple to get legal separation rather than going for a divorce. The grounds are pretty similar for divorce and legal separation, so the decision to get legally separated is often made to preserve the possibility of reconciliation and benefits associated with health insurance.
If someone wants to have a better understanding of everything involved in a legal separation, the Law Office of Amanda J. Cook, PLLC, is not far away.
Difference Between Divorce and Legal Separation
A legal separation is essentially when a couple signs an agreement in proper form stating that they intend to live separately while still being technically married to each other. Couples who are living apart but have not signed such an agreement are not yet legally separated.
The separation typically has all the provisions of a divorce settlement agreement, but the couple does not yet want to take a divorce or finalize it.
Thus, all the provisions for property division, custody, child support, and spousal support are generally there in both sorts of agreements. After one year of signing the agreement, the parties may choose to conclude with a divorce after living separately for at least a year.
The goal is to state and determine crucial details such as spousal support, child support, and custody so that a written separation agreement can be attained, and here, the assistance of a lawyer becomes highly crucial to address different legal issues.
In a divorce, the court decides on all of the stated issues and the distribution of the assets if they do not reach an agreement.
What to Include in the Agreement
Proper analysis of the terms of the agreement is essential as it can be used if a couple decides to get a divorce later on. Generally, a legal separation agreement includes:
- The assigning of responsibility for the more significant bills.
- Division of property, including the debts.
- Custody of the child or children, which can include parenting and visitation schedules.
- Responsibility for spousal support and child support.
- Information containing date of marriage and separation.
Options Outside of Divorce and Legal Separation
Both legal separation and divorce come with their own set of pros and cons, which may not appeal to everyone. For such people, some other considerations include:
- Living separately without signing any agreement. Sometimes, all you need is to get away from your spouse for some time, which can even save the marriage.
- Living apart and filing a petition in a family court helps designate issues like support and custody.
Why Get Legally Separated Instead of Taking a Divorce
Legal separation has some advantages that include:
- Couples that are uncertain about taking a divorce leave open a possibility of reconciliation, and they will not have to remarry as they were never divorced.
- Health insurance coverage remains intact for those who do not have their coverage as part of the “family plan.”
- Couples who, due to religious reasons, do not want to get divorced but still want to live apart.
A crucial point to remember is that one cannot remarry until divorced. So, if someone wants to get remarried, a legal separation agreement will not suffice.
Let a Professional Lawyer Represent You!
Legal separation and divorce can be pretty stressful and challenging. In such situations, it is better to have a lawyer by your side who possesses the knowledge and experience to handle such cases and negotiate the agreement so that you attain everything to which you are entitled.
They work to make the entire process as fast and smooth as possible.
