teens with legal issues

If you are having trouble in your marriage but are not yet ready to seek a divorce or prefer not to divorce, then one option at your disposal is obtaining a legal separation. Most people are familiar with the divorce process, but the various aspects of legal separation tend to be less well known. This article hopes to familiarize you with the concept and offer some insight into this area of the law. 

Difference 

Various types of marriage separations exist. For example, a trial separation allows you and your spouse to live apart temporarily in order to determine the best course of action. You and your spouse may also separate on a more permanent basis without taking any specific legal action. A legal separation is different because it must be pronounced by the court. You are only legally separated if a judge has issued an order to that effect. 

Procedure 

You and your spouse need to file legal separation papers with the appropriate court in your jurisdiction, just as you would if you were seeking to end the marriage. You also need to supply a reason or reason that a legal separation is being sought, such as you and your spouse have irreconcilable differences. 

States 

Whether you have the option of pursuing a legal separation depends on where you live. Legal separation is authorized by state law. Most states allow legal separation as an option, but a few do not. Georgia, for instance, does not give it's residents this option, although it does offer an alternative called separate maintenance. Check your state's marriage and divorce laws to be sure that they allow legal separation.

Support 

If you would have the right to spousal support in divorce action, then you also have the right to support under a legal separation as well. Just as in a divorce case, you must show that you qualify for the financial support. The judge will consider various factors, such as the income of each spouse, the age of each spouse and the length of the marriage before making a decision. 

Reasons 

The reasons why someone might decide to obtain a legal separation rather than pursue a divorce are variable. For instance, perhaps you do not believe in divorce for religious reasons. Other possible reasons include staying married to keep certain health benefits and staying married for your children's sake. 

Legal separation is not something to be done lightly. To learn more about this issue, consult a divorce attorney, like Robert G. Moore Attorney at Law.