Are you Legally Separated? Can you get remarried while Legally Separated? Do you know what your legal rights are? If you have answered yes or no to any of these questions, read on.
There is a Gray Zone when you are asked this simple question – Are you married? Are you divorced? or Are you separated? What do you answer? I am none of the above. I am Legally Separated.
What is a Legal Separation?
It means you have taken legal steps to separate yourself financially and emotionally from your spouse. You are no longer responsible for each other’s bills. The legal separation agreement is between you and your spouse. It can be as complicated as a divorce decree.
The only stipulation in being Legally Separated - you and your spouse cannot remarry until you are legally divorced.
WHY WOULD I WANT A LEGAL SEPARATION WHEN I CAN GET A DIVORCE?
Sometimes in our complex lives there are certain situations that arise with which we do not have any control. In this instance a Legal Separation is more appropriate.
Example: When a couple is married and they want to be divorced but one of the partners will lose all the benefits the spouse provides - such as, medical, dental insurance acess to financial assets and property. Then a Legal Separation is in order. You can still receive your benefits from your spouse.
YOU CAN HAVE THE BEST OF BOTH WORLDS:
(1) Separate Housing.
(2) Alimony or child support payments can be set up directly to you.
(3) Medical and Dental Insurance will continue.
(4) Complete freedom from your spouse.
(5) Your finances are separated.
(6) You are not responsible for your spouses bills.
(7) Miscellaneous
DO I NEED AN ATTORNEY?
No you do not need an Attorney to create your Legal Separation Agreement. You can use a Paralegal. The expense will be less. But always use common sense. If this a simple Legal Separation without children, property or, money involved a Paralegal is the answer.
If children, property or money is the issues use an Attorney. Always protect yourself and your children to the best of your ability.
MILITARY FAMILIES:
Being Legally Separated is very popular in Military Families. If the wife has not been married to her spouse for (20) years during his active duty time together, the wife will lose all her benefits including her military identification card, medical insurance and the use of the Military Bases. The children will maintain their Military identification card and all the benefits up to their 18th birthday.
When this decision affects you, you are the only person who can make the decision by choosing a Legal Separation or a Divorce. I do advise you very strongly, if you are only separated, you are still legally responsible for your spouse’s bills.
Good Luck making the correct decision.
Thank you for reading my article. Feel free to read any of my numerous articles on various subjects.
Copyright Linda E. Meckler 2007
Linda is the author of her first published book, “Ghost Kids Trilogy. "Christy, 12 and her Brother Brad, 16 moves into an old house on top of a mountain and meet two Ghost Kids.
Then we have a mysterious, magical Blue Vase where Uncle Charlie the villain is trapped. He wants out of the Blue Vase and exchange he will tell Christy and Brad where Pirates’ Treasure is Hidden.
Take a walk with Christy and Brad down a dark hall hunting for Pirates” Treasure. You will think were you there right there with them.
Love, Family Values and Charity burst off the pages. http://www.lmeckler.com
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