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If you are unhappy in your marriage, but you’re not sure that expensive and lengthy divorce proceedings are the answer, you may be considering a legal separation. An alternative to divorce, many couples find it to be a less stressful and more convenient option. Spouses also commonly separate for a while to determine what they truly want, but this temporary arrangement is not the same. Under family law, legal separation refers to a court order that allows couples to live apart while remaining legally married.

Below is a more thorough examination of what a legal separation entails: 

What Does the Agreement Contain?

If you and your spouse decide to live apart, you might consider yourselves separated, but unless you have a separation agreement in place, it is not legally so. Similar to a divorce agreement, it addresses and aims to resolve issues that will likely arise as a result of the couple’s living situation. These include child custody and support, visitation, spousal support, asset distribution, and debt division.

What Are the Advantages of Legal Separation?

family lawDivorce essentially allows couples a clean break so they can move forward with their lives, but there are several advantages of opting for a legal separation instead. For example, one partner may still need the medical benefits that are available to him or her through marriage. Certain Social Security benefits and military benefits may also be reason enough to remain legally married. Additionally, individuals who are part of a religious community that forbids divorce may be inclined to separate, so they do not have to stay in an unhappy relationship but can continue to be part of their community.

 

If you are interested in pursuing a legal separation, turn to a family law attorney from O’Connor, Mikita & Davidson in Cincinnati, OH. A divorce attorney from their firm will help you devise a fair separation agreement that does not threaten your personal or financial interests. Visit their website to learn more about hiring a child support attorney from their team, and call (513) 655-2068 to find the family law office nearest you.

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