When a couple walks down the aisle on the happiest day of their lives, they can never fathom a day that would come when they will get separated. Unfortunately, we are not guaranteed a happy ending and most couples never get to that destination. We only hold on to hope for a life filled with love and happiness.
Most marriages end in divorce or legal separation. People are bound to change with time, environment, growth, and interests, to mention a few. Change is inevitable, and people, therefore, develop characters that prove incompatible with their spouses. Statistics do not lie, and they indicate a decline in divorce rates over the past ten years.
The honeymoon period is soon over, and reality checks in when you have to juggle between work, children, husbands, and debts. What do you do when you notice that you are slowly drifting apart from your spouse? Most people have community and religious beliefs that do not promote divorce. The belief does not encourage a couple to easily give up on their marriage.
Legal separation becomes the best option for such a couple. Pursuing the process is not easy since it involves a long legal journey. However, it is worth it for some couples. For couples who prefer this option, you need the knowledge discussed in this article.
Legal separation in Nebraska refers to a process where the court rules that the couple be separated. They have to live different lives, away from their spouses. In order to get a legal separation, the couple is required to follow a legal procedure with many requirements and stages. Legal separation does not dissolve a marriage, and a couple is left with the option of reconciliation. Some couples will make it to reconciliation, and others will divorce. You will know what awaits you unless you try this process.
The tedious process may seem unlikely to seek legal separation at first. There are requirements for one needs to file for legal separation. Filing entails filling out a form with the official names of parties, occupation, residence, names, and ages of each child. After this step, you are required to serve the notice to your spouse. This is to notify them of the legal separation filing. After that, court proceedings will begin, and the verdict.
Every couple is unique from all others from the difficulties faced in marriages and solutions. When a couple opts for legal separation, there are advantages involved. This depends on the expectations of every couple. Some well-known advantages include:
A legal separation may give a green light in their marriage while a red light. This means that the process is not guaranteed to bear restorative fruits for your marriage. All these we accept, just as the disadvantages that come with being legally separated that include:
Legal separation and divorce are closely related but draw some differences at some point. A comparison of both processes will help to determine which is most appropriate.
Legal separation will not dissolve a marriage and allows it a chance to flourish once more. Divorce will do away with the marriage once the verdict is granted.
After a divorce and separation, the former couple must live separately. There is a division in the family, and some issues need to be addressed, mainly affected. The case will involve children and property owned jointly.
The two processes will involve a long and tedious legal process, and patience is required.
As mentioned earlier, legal separation demands more than just time and finances. When filing for separation, a court fee is payable to the court. The amount is approximately around $158. It excludes an attorney fee which is to be paid separately. Attorney cost differs from experience and their hourly rates. Choose a family attorney with experience for the best advice and guidance.
Legal separation can take a long period to the point where you feel like giving up. The time required to process a legal separation depends on the ability of the couple to work together. Your ability to make a suitable agreement will shorten the time spent on the case. A case may take a minimum of 6 months and a maximum of 9 months. There is the contention of issues between the couple, and it only prolongs the process and time. The more time you take in court, the more tedious the process gets and the more money you spend.
This is an area that most couples do not agree upon easily. Parents should have their children as a priority when getting separated. It is essential as a parent to push your differences aside and consult on the best parent the children would rather have. If you fail to make this sacrifice, the judge will make the decision. The ability of parents to settle matters will help or damage children.
Child support is also essential to settle for separating couples with children under 18 years. When a child has a disability, support is paid over a more extended period. This will depend on the condition of the disability.
A trial separation is a period in which a couple stays separately. One party moves out of the marital home or moves to a different bedroom. The couple governs the trial separation. They determine how certain issues are addressed without the intervention of the court. The trial separation does not have any legal authority over the agreements made.
Many couples give the trial separation a chance since it gives couples who wish for reconciliation a chance. It also provides a couple with the chance to experience what life would be like in the absence of their partners. The trial separation will eliminate any premature legal separation or divorce.
Law is not easily understood. This is why you need an attorney for the legal separation case. Legal terms, procedures, and requirements may be unknown to you. The attorneys will help by ensuring everything is clearly understood.
Couples who cannot agree or discuss anything pertaining to separation need intervention from an attorney. A third party will settle the heat and lead them to make fair decisions for all.
The attorney will help quicken the case. Once the couple agrees on settling their issues relating to the separation, the process takes a shorter time. Through this, you avoid contention, which only consumes time. You can prevent this with the help of an attorney.
If a partner proves problematic and does not wish to participate, the attorney will help. A family attorney with experience knows how to handle every problematic issue with a legal separation. It is important to remember it is just a separation. Maintain social capital invested in your partner instead of breaking it within a moment.
A separation agreement is a document prepared by the separating couple. It entails a trail of discussions necessary to shorten the legal separation period. A separation agreement is legally binding, and failure to honor it can provide legal action grounds. The couple must sign to show that they understand and agree to the document. A couple that is separating should agree with the best interests of their marriage and children.
Couples pursuing legal separation are required to prepare a separation agreement. The agreement should instruct in detail how responsibilities are to be shared and how assets should be divided, among other support issues. Some issues should have priority when this document is prepared. The first step should be the negotiation of circumstances. If a couple cannot handle their emotions, it is okay to involve an attorney for help.
Next, the couple should determine their priorities, outlining how assets will be divided. Physical property should be divided. Some items cannot be divided, and an agreement is necessary. Here are the key areas to agree upon during separation.
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