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The term "legal separation" is more colloquial than legal in nature. It can involve a court order declaring that a couple is no longer living together, and that all the issues concerning the marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property, attorney fees, and personal conduct) with the exception of marital status. Spouses who are separated are not free to marry since neither has been returned to the legal status of an unmarried (single) person.
About Legal Separations:
- In a legal separation, the couple remains legally married
- As in divorce, the court sets provisions for property division, allocation of debt, and Child Custody and Child Support.
- Agreements made during a legal separation may determine what happens should the couple decide to divorce
- Community property rights terminate in a legal separation
- A legal separation does not protect a spouse from abuse. Protection from abuse can only be obtained through a restraining order.
You may choose to pursue a legal separation on your own, but we can help you maximize your legal rights.
Please, consider the following:
We will guide you through the whole legal separation process in compliance with all local laws.
We can draw up a separation agreement for you. If you proceed without a lawyer, you will have to find, fill out, and file your own separation papers.
If one spouse does not agree to the legal separation, the case goes to court. We will help you through courtroom proceedings.
Legal separations set precedence. This means that any decisions and mistakes you make in the course of your legal separation can determine what happens with your children, home, debt, or other property in the event of a divorce. We can help ensure your rights are protected throughout the entire process.
Many individuals shy away from hiring an attorney to help with a legal separation out of fear of costs. However, Our Law Firm offer reasonable rates and a free initial consultation .
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