In cases of legal separation, parties remain married, but in a divorce, the marriage ends. Legal separation is a court procedure that sets forth the duties and rights of a couple while they’re married but living separately. These separations are rare, but they can be useful in situations where spouses can work through issues that affect the marriage. Courts decide the following factors in much the same way as in a divorce.
• Maintenance, including child and spousal support. It’s referred to by a different term to set it apart from divorce. Court papers are filed by a family law attorney in Marion, IA, through motions pending litigation, and awards can affect what spouses receive during a divorce.
• Child custody and visitation rights
• Division of property
Property division during a divorce or legal separation is determined by the couple’s situation and its relevance to the property. The below situations are types of separations that affect property division.
Trial Separation
During a trial separation, spouses live apart and decide whether they should divorce or stay married. Trial separations have no legal effect, unlike a legal separation where parties are court-ordered to fulfill certain duties. Debts and property acquired during this time are considered to be marital in nature, and that applies even if the couple never reunites.
Living Apart
In some cases, circumstances arise where couples live apart with no intentions of continuing the marriage. Some states’ laws require couples to live apart for a period before filing for a no-fault divorce, and separate living can affect the property division. Debts and assets acquired during separate living are classified according to the couple’s state of residence and whether one person or the other intends to end the marriage. In other places, all assets and debt are regarded as marital until a divorce complaint is submitted. A lawyer can tell clients how state law affects their case.
Permanent Separation
Once a married couple decides to stay apart, a permanent separation takes effect. This type of separation has no legal standing, and most states view assets and debts acquired during this time as being separate. However, debts incurred for family necessities are regarded as being joint in nature. Because state laws are different when it comes to division of property and debt, it’s important to hire a family law attorney in Marion, IA, through Jjwlegal.com.
