Why Legal Separation Makes More Sense than a Collaborative Divorce?

Everyone dreams about enjoying their married lives, living happily ever after and other such wonderful perks. But no one sees the dark side coming; the fights, the tensions and the ugly divorce agreements. To make divorces easier, the law-makers recently came up with a concept of a “collaborative divorce”.

Collaborative Divorce

Collaborative divorce as the name suggests, means that both parties (husband and wife) and their attorneys make a join strategy and reach agreements that both parties are comfortable with. In simpler words both the parties work toward a similar goal: getting a hassle free divorce – they in fact help each other along the way and everybody wins!

It is an ingenious way indeed. More and more people are using collaborative divorces these days – visit link. But is it the best way? Some think not. There is another kid on block, the “Legal Separation” agreement. Learn more on collaborative divorce at the following link: http://www.ffmediation.com/collaborative-divorce/

Legal Separation

It could be said that legal separation is a more advance form of collaborative divorce, it is better too in many ways. Legal separation does not end a marriage. In contrast it actually makes you stay married but live separately. The legal representatives of both the husband and wife draft an agreement and get a court order that legally binds both the parties to fulfill their duties agreed upon in the agreement.

Legal separation is different from conventional separation. Each of the spouses has responsibilities and complicated steps like child custody and asset division are legally resolved. In short our interests are protected and taken care of before (or if at all) we file for divorce. http://www.ffmediation.com/legal-separation-2/

Key differences between Legal Separation and Divorce

Here are some key differences between legal separation and any kind of divorce, collaborative or otherwise.

  • The biggest and foremost difference is that the spouses remained married in legal separation. They work out everything else like property, custody and other affairs while staying married but living separately. Whereas in divorce the parties settle these issues after getting a formal dissolution notice.
  • The laws of divorce agreements are not made by the parties alone. The legislation applies and if it changes the agreement of divorce also changes. However in legal separation the court cannot change the agreement without both parties’ approval.
  • The one point that goes in the favor of divorce is; divorce is recognized throughout the USA in every state. The paperwork might differ a little but the legal framework doesn’t. In comparison some states do not recognize legal separation at all.

Why is Legal Separation better than Collaborative Divorce?      

Here are some key elements that make legal separation a better option than a conventional or a collaborative divorce.  These elements contain social, ethical, religious, technical and financial reasons.

You get an outside chance to make it work after all. Remember your marriage isn’t ended, you are just legally separated. If the time apart helps you rethink and change your mind about divorcing your spouse, it’s not too late it’s never too late if you are legally separated.

Both the spouses can retain each other’s medical benefits. For example if one of the spouses works at a company where spouse treatment is free, it would still work if you are legally separated but it will end in case of a divorce.

Next are the financial benefits. The spouses can still enjoy the financial benefits by filing joint taxes and other remittances. For army men, if they are married for 10 years they receive massive compensation through USFSP Act.  It is not just for the serving officers, anybody who is married for more than 10 years can attain various social security benefits. All of this is attainable through legal separation.

Legal separation requires less hassle, easy paperwork and offers a swift road to divorce if things don’t work out. Your legal separation is converted into a divorce settlement agreement.

You can seek legal separation on the same grounds as a divorce. Adultery, domestic violence, verbal abuse, general dissatisfaction, physical incompatibility – these are few of the many grounds you can seek legal separation on.

Conclusion

The legal separation does seem attractive on the face of it. However, don’t take anything for granted. Weigh all the options carefully before making a decision. Don’t believe one person’s opinion only, don’t hesitate to seek help of a legal expert.

 

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