Legal Separation instead Divorce?

When spouses finally decide to formally end the marriage after giving their very best shot, as much as possible, leaving the relationship as peacefully and gently should be a reasonable thing to consider. Coming up to an agreement concerning custody, support, and division of marital property should not be as painful as how the relationship ended.

Legal Separation vs. Divorce

When you get a Legal Separation, it means you remain legally married to each other. You must continue to mark that you are married on forms. You cannot remarry. You still have the right to inherit from each other. A child born to a married woman is legally the child of the other spouse unless proven otherwise.

However, when you divorce your marriage is formally ended. You are no longer married to each other. You are free to remarry. You live your life moving forward as a single person.

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Both create an important division and boundaries required and deemed as valid and useful options, but still a matter of personal preference to choose as needed. Case like the need to continue health and other benefits or other financial reasons is why a legal separation is chosen over divorce.

When getting a divorce, working out on mutual terms and cooperation is needed to resolve issues. Working with skilled attorneys like divorce lawyer Birmingham AL, the parties can potentially work out a settlement that ultimately resolves their disagreements.

Contested vs. Uncontested Divorce

Contested divorce is much more expensive and take much longer, but if no agreement can be reached it is the only way to get awarded what you need by the judge. 

Both parties  does not settle, the judge is the one who is ultimately responsible for making the decisions for the couple. The judge may end up prioritizing some concerns over others, but this may not always align with the priorities of the couple. 

Uncontested divorce is when both parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties to come to an agreement prior to entering court.

This process involves mostly paperwork as long as the two of you have agreed on every single marital issue. You would just need to fill out a questionnaire explaining what you’ve agreed to (along with additional information necessary to prepare all of the required forms and documents) in order to get the process started.

Overall, separation is hurtful enough to be followed by bigger conflicts and disagreements with both parties that is why seeking professional help to came up with well-informed decisions can help lessen the burden.

Why Collaborative Divorce?

“Friendship is the marriage to the soul, and this marriage is liable to divorce.”
No one deserves to go through one of the most devastating procedures in one’s life. Though it has been the butt of most marital jokes, divorce is no laughing matter.
The promise of eternal love, growing old together, and chasing little kids around the house turns into nightmares filled with harrowing partner issues and division of assets.
By definition, a divorce is a legal termination of marriage by a court done so in a legal proceeding. It takes just one party to initiate and the definition gets deeper into details, classifying it into a fault divorce (marital misconduct by one party) or non-fault divorce (irreconcilable differences, no one party needs to be at fault).
What goes unsaid is the importance of getting a divorce attorney, no matter hard it can be, in order to dissect all details of the marriage (including assets and child custody). This is definitely a heartbreaking experience that needs to be decided on, better left to the men of law who does not have an emotional investment on the case.
A divorce attorneys Tampa Fl can assist you through the challenges and transitions of a divorce process for the following aspects:
·         Divorce
·         Child Custody
·         Visitation
·         Alimony
·         Child Support
·         Marital Assets & Debts
·         Modification
·         Paternity
·         Domestic Violence
·         Enforcement
·         Collaborative Divorce
To make sure every issue involved will be resolved, hiring  experienced and highly qualified professional is a must to have favorable outcome.
Reaching out to a divorce attorneys that have an expertise on this matter  will clearly give you an idea on what to expect  and to easily came up with acceptable agreement with the guide and recommendations from an expert.
Divorce can be time and money consuming  especially for couples who have many disagreements. More so, a painful and stressful process if done without personal attention and assistance. As much as possible, staying out the court for a less complicated process should be the first option to take.
So working towards for a Collaborative Divorce to resolve family conflict is the best way to avoid contested trial. The following are three main purpose of initiating this kind of process:
  1. Help spouses to come up with agreement through proper negotiations.
  2. Provide a settlement with legal protection to make sure both are not taking advantage of.
  3. Allows to end marriage but still keeps functional relationship.
However, if settlement is not achieved, the divorce will carry on through litigation which is not peaceful in any way. Negotiating a just and fair agreement should be prioritized to keep away from more painful scenarios. Compromising with the help of professionals making both parties agree with every specific issue is the key of not breaking down the collaborative way to end a marriage.
Getting a schedule for  a divorce consultation to get well informed assistance and representation can ease the burden and challenges of this painful process.