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Should You Go For The Legal Separation Process?

Legal marriage separation agreement is gaining much ground these days and is being opted over divorce for various reasons. Generally there is a confusion existing between the terms divorce and legal separation. In most states in the US, couples who are married need to separate and wait for sometime as mentioned by the court. Upon the lapse of this period they can file for a divorce.

Waiting Period and Marriage Separation

In some states such as Alabama no such waiting period is there. However, a married couple can choose to be in a state of marital legal separation in order to keep their assets safe without undergoing a divorce. In order to legalize the separation and have it recognized by the court, both spouses need to file the right paperwork with the domestic relations court and get a judge to approve them to have it regarded as a court order.

The obligations and rights of both parties are stipulated by this order. If spouses go against the order it would be contempt of it. Legal action can be taken against the erring spouse in that case.

Is it Right to Go for Legal Separation?

Divorce is viewed as necessary by married couples only when they are unable to solve their issues. Legal NC separation agreement is preferred by most people during these situations:

  • When the feel that their marriage issues can be fixed.
  • When they cannot divorce due to religion or some other issues.
  • When they want to get written child support evidence and wish to get it directly from the pay check of the other spouse.
  • When they want written evidence about payment of mortgage and other shared bills.

Marital separation contract covers almost everything that is covered by a divorce such as temporary alimony child custody temporary obligation of bills and debts child support and other matters that spouses want to be included. The rights and responsibilities of each party are dealt with so as to ensure that nobody feels a bias. In order to make the contract legally enforceable through a court order it has to be filed in court. The agreement can be dissolved by the parties at any time to file for divorce again or return to their previous marital status. With separation agreement templates the process can be accelerated.

Author Resource:-

Carl writes often about legal drafting, rental lease agreement, marital separation agreement and helps the people in such needs. Please visit this site to draft a sample NC separation agreement.


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