Legal marriage separation can at best be an interim arrangement whereby the estranged couple live away from each other. Legal marriage separation need not necessarily mean it should culminate in a divorce. Instead, it may even be a good opportunity for tempers to cool and for the spouses to rebuild their relationship and save the marriage.
State Regulations
As a matter of fact, some States even insist that the couple must live separately for a prescribed period of time before divorce is legally granted – presumably to see if the couple change the ir minds. While grant ing legal marriage separation, courts do issue directions regarding child custody, child support, visitation arrangements and spouse support.
A legal marriage separation can even be construed as a curtain raiser for a likely divorce as the courts defines the rights and responsibilities of each of the spouses. Legal separations where courts order financial support of one spouse to the other has to be implicitly obeyed and the court can take legal action if there is default.
Divorce Issues
It must be understood that though the court resolves all the contentious issues pertaining to a divorce such as division of assets, child and spouse support, child custody and parenting plan, yet legal marriage separation does not tantamount to dissolution of marriage.
If, however, legal marriage separation eventually ends in a divorce, the agreement made during the legal separation can also be extended and made valid post divorce. A divorce attorney can however seek appropriate changes t o the legal marriage separation agreement if either or both spouses want it.
There are instances of one partner objecting to the other partner’s petition for legal separation and insisting on a divorce instead. In such cases, the onus is on the objecting partner to file an appropriate counter-petition substantiating that there is no likelihood of any rapprochement and the marriage can not be saved. Thereupon the court, after hearing the arguments of both sides will decide between divorce and separation.
But there are some couples who prefer legal separation to divorce presumably to enjoy some financial benefits like health insurance that would cease once the marriage is dissolved. Another reason is that certain social security benefits are available only to couples who have stayed in marriage for minimum ten years. Many also opt for a legal separation instead of divorce due to religious beliefs.
But there are some couples who prefer legal separation to divorce presumably to enjoy some financial benefits like health insurance that would cease once the marriage is dissolved. Another reason is that certain social security benefits are available only to couples who have stayed in marriage for minimum ten years. Many opt for a legal separation instead of divorce due to religious convictions and social stigma.
