Filing For Legal Separation
By Kerry Graylor
Filing for legal separation is often the first step towards divorce and in many ways it is a lot like starting divorce proceedings. It allows the couple to have a formal basis for separating their assets without actually going as far as divorce. Papers have to be filed with the court for a legal separation to go ahead. The court will then make decisions about custody of any children and division of assets and debts as for a divorce settlement. Attorneys may or may not be involved and often the process is more amicable than for a divorce.
When two people are legally separated they are still married but they are no longer responsible for each other in the same way and they will be treated as separate individuals by the IRS and other bodies. If you plan to separate from your spouse and you are worried about being responsible for any debts that he or she may run up when you are gone, you should definitely file for legal separation.
The main reason for applying for legal separation instead of divorce is that a legal separation can go ahead immediately. It is usually the first step toward a no fault divorce, where many state laws require that the parties must be separated for a certain time before a divorce can be granted. Sometimes, it can be a way for the couple to take a break and decide whether they want to continue with the marriage or not. Some couples go into counseling while they are legally separated and some of them do get back together.
In other cases a couple may get a legal separation when they want out of the marriage but their religious beliefs do not allow them to get divorced. They would plan to remain legally separated for the rest of their lives. This will only apply where both parties feel the same way, because if one party wants a divorce, they will be able to get it.
In most jurisdictions one of the parties can ask to have the separation converted into a divorce one year after the legal separation was granted. This can be done without further hearings and the other party cannot prevent the divorce from going ahead. However, there may need to be some further hearings in relation to child custody and property settlements, if one party wants the arrangements to be reconsidered or if some of the property was not divided at the time they were filing for legal separation.
More on Relationships for Baby Boomers
Reasons For Divorce Amongst Baby Boomers
Moving in With the Kids To Build Family Relationships?