Is A Legal Separation The Right Move?
The LAW OFFICES OF PIAZZA & SIMMONS, LLC can answer your questions about a legal separation. We have worked with clients throughout Connecticut who are considering their options. We can answer your questions and address your concerns every step of the way.
Getting A Legal Separation
A legal separation is similar to a divorce. Issues that can arise include child custody, visitation rights, alimony, child support, and dividing marital assets and debts. In order to receive a legal separation, the procedure is as follows:
- Papers must be filed with the court requesting that there be a separation and proposing the terms.
- Unless it is a joint filing, your spouse will need to be served papers regarding the action.
- After being served with the papers, your spouse will have a specific amount of time to reply if there is disagreement with the proposal.
- If your spouse responds, there is the possibility of reaching an agreement via negotiation or mediation.
- An agreement for a legal separation will be in writing signed by both spouses. In the event you cannot agree on the terms, the case will go before a judge.
- After all the issues in the case have been agreed upon or a decision is made by the judge, the judge will then sign the separation judgment and the legal separation will be complete.
- Although you will be legally separated, it is different from a divorce in that you remain married and cannot marry someone else.
There are numerous reasons for a couple to prefer to have a legal separation. It is possible that there is hope for reconciliation. Health insurance could be an issue as a legal separation might allow for a legally separated spouse to remain on the plan. There are often rules that a couple must be married for 10 years for a spouse to receive Social Security benefits or military benefits. For some couples, their religious beliefs might not allow divorce.