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Legal separation allows a married couple to become separated without getting divorced. Depending on the couple, the process is sometimes preferred to permanently dissolving the marriage, especially if they see hope for resolution. It gives people space and time apart to figure out what they want, need, and to potentially work out their issues.

How Is Legal Separation Performed?

legal separationThere are several steps involved in a legal separation. First, you and your spouse must ensure you meet any residency requirements. Next, you will need to file a petition with the appropriate court, as well as a legal separation agreement. Though you can do this on your own, many prefer to work with an attorney, as the document includes details about sensitive information, like custody, visitation, alimony when applicable, and how to divide the assets. If your spouse disagrees with any of these stipulations, he or she can file a counter-petition, which would require a session with a mediator. Otherwise, a judge will review the documents supplied and make a determination.

 When Is It a Good Option?

Couples who are legally separated are still married, but they can live apart to determine whether they want to pursue a divorce at a later date. To this end, the best candidates for legal separation are couples who could potentially mend the issues between them and reform their unions. Couples faced with so-called irreconcilable differences are often better served by divorce.

 

When it comes to sensitive family law topics like legal separation, the attorneys at Fulcher Law Firm have the necessary experience to assist clients in Albemarle, NC, find the best option for their current situation. They offer quality legal guidance and will fight for your best interests. Schedule your consultation today by calling (704) 984-6060. If you’d like more information about their experience in this practice area, visit the website.

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