We have all heard the saying that goes, it is okay not to be okay. I say it is okay for your marriage not to work. Often we suffer in silence because we fear being stigmatized after a divorce; therefore, we avoid it. We do not want to be seen or feel like failures because our marriages have failed. Other times we realize that the more you hold on, the more it hurts.
You can give it the last shot by trying to be separated for a while. There are two options for separation where you can go for legal separation and informal physical separation. Most couples have been able to resolve issues previously affecting their marriages. Trying out legal separation is no guarantee that your marriage will work. Many couples have gotten divorced, even after the legal separation.
Legal separation offers the couple some advantages and disadvantages as well. Based on the reason for the unrest in the marriage, one can escape brutality by taking some cooling time. Legal separation involves a legal procedure, which in the end and whatever outcome will be worth the trial. Maybe you want to give legal separation a trial, not knowing where to start? This article will offer the full guidance you need when pursuing a legal separation.
Another term for legal separation is judicial separation, and one spouse can apply for the legal separation. The law in Maine requires that one should be separated from their spouse for a minimum period of 60 days before seeking a legal separation. The state allows for one or both parties in agreement to file for a legal separation. We will continue to provide detailed guidance on multiple requirements for this exercise.
Coming to this stage, you are now sure that you intend to pursue a legal separation. After being physically separated from your spouse for six or more months, this comes. When filing for a legal separation, there are a few requirements that you must meet and follow some steps. Remember that only information that has been verified meets the judge's eye.
The requirements for legal separation and divorce are similar when in Maine. The requirements will range from:
Notably, Maine is a no-fault state, whereby a couple can file for a legal separation because they have been living separately for more than six months. Filing for legal separation is easy since it involves just a few steps.
Legal separation gives one multiple advantages over divorce. We know that marriage will bring advantages to each party. Even after a legal separation has been granted, the couple is still married and will continue to enjoy some marital privileges, which include:
Filing tax jointly - most couples separated even by law will continue to file for taxes jointly. This is lower than what they would pay if they were divorced. The couple are technically married and will pay taxes jointly until divorced.
Spousal health insurance and social security - you remain a spouse until the divorce. Since legal separation does not end a marriage, the spouse will enjoy health cover. Social security benefits are also guaranteed while still under legal separation.
Maintaining social and religious concerns - most religions and societies do not support divorce. Addressing this with legal separations will maintain your image and what you believe in religiously.
Legal separations do not end a marriage like a divorce does, and therefore you are not allowed to remarry. It is an alternative for couples who believe they may still love one another to work out their differences. However, it features some disadvantages of pursuing legal separation compared to divorce. Getting a legal separation first may call for another process if you settle for a divorce. This can be time-consuming and resource-consuming.
There are many similarities as well as differences when it comes to divorce. One major similarity is the legal pursuit that comes with both processes. The filing process for divorce and filing for separation is much the same since the requirements differ by a small difference. Resolution of some issues will also be similar, such as child support and custody, division of property, managing debts, and so on.
The main difference between a legal separation and a divorce is the termination of the marriage at the final stage. The separation will not result in divorce unless both settle on filing for divorce. You can move to other places and dates when under a legal separation, but you are limited to remarrying since you are technically married.
Most people may evade legal procedures since they demand a lot of resources and opt to settle for physical separation. Legal separation is no exception, and it starts to demand cash payments at the point of filing. There is an amount payable to the court, which will range from 4150 to $250. After that, other fees related to legal procedures include attorney fees. This is affected by the hourly rate of the attorney you choose. I bet you want one with experience in property guidance and an understanding of legal separation laws.
Legal separation is a process whose verdict is determined by various factors. With this in mind, it isn't easy to give an exact time frame to work around it. Every legal separation case is different from the other due to contested and uncontested issues. If your legal process features contested issues, it will take time to resolve them. However, the approximate time for uncontested cases is between 6 and 9 months. Most couples are advised to agree on issues likely to be contested to reduce the time taken to get a verdict.
Every family court has its primary concern is the welfare of the children in legal separations. The court has the power to resolve matters involving children. The court may also determine a parenting plan for the couple seeking a divorce or legal separation. Child custody may be granted to one parent with visitation rights to the non-custodial parent. However, only in minimal cases will the court rule on child custody for both parents. There are several factors the court will factor in before making the decision, including:
A trial separation is an agreement between a married couple and does not involve the judgment of a court. It is a situation where the husband and the wife are no longer dwelling on the same premise. For most couples, it is time to help determine if their marriage will work, given a chance. The two can agree to move on to pursue a divorce, legal separation, or consider reconciliation.
It is a requirement to have an attorney; however, it is advisable to consider one. This is because of their legal advice in various stages of the legal separation. For couples who have trouble agreeing on issues that lead to contested issues, an attorney will provide a way to settle. There are a lot of processes involved in legal separation that will require guidance. An attorney will offer help and ensure everything is as per the requirements of the law.
A separation agreement refers to a legally recognized document signed and agreed upon by a separate couple. The judge also signed this document to affirm that it is lawful. The couple is required to agree upon issues about:
This document is applicable only when the two are legally separated. The divorce verdict terminates this agreement when either party files for a formal divorce.
Preparing the separation agreement requires a lot of consideration. The agreements will depend on proposals and circumstances. If you own properties or businesses jointly, you should consider them all. Other factors to consider include:
Physical assets should be featured in the separation agreement stating how certain assets should be divided. Some assets include business assets, valuable jewelry, art, furniture, appliances, pets, etc.
Dividing property is important to ask important questions like who will have the family house and who can sell it. It is important to include all details in the agreement.
Spousal support - discussing and agreeing upon the issue requires knowing how the payments will be made, how expenses will be shared, how long the support will go on, the need for reconsidering support in case of significant change in income, and so on.
Child support - child support should first come to feature the basics of the child's needs. It is also to agree upon how the expenses will be shared and how long the support will be offered.
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