A legal separation may be created following the dissolution of a marriage, common-law marriage or when a couple is requesting a divorce. During a separation, a separated couple must still carry on all the regular aspects of their life, including paying bills, managing household chores and assisting minor children with their school work. To make matters worse, they will not be able to remarry if they want to. However, a separation lawyer & divorce Adelaide may prevent the marriage from coming to a natural end and grant a separation. In some instances, both parties might want a separation so that they can separate legally and financially.
The first step that a separation agreement lawyer takes is to determine the details of your separation agreement. Your legal separation agreement should include the names of the separating parties, their address, the date of separation, the lawyer’s name that will handle the case and other pertinent information. When you talk with a separation lawyer & divorce Adelaide, he or she will also make sure that your legal separation agreement complies with the laws of your state.
Several things must be addressed in your agreement. These details will go into the settlement process after you and your spouse have settled their issues outside the courtroom. Once you file for divorce in the courts, the separation agreement must be legally valid. Your lawyer can help you with this by providing you with copies of legal forms that you and your spouse must sign and submit to the courts.
Sometimes, family law courts do not grant full divorce and separation for couples. Even when couples get divorced, there are many differences between couples who have filed for legal separation versus couples who have been granted a divorce. Often, family law courts require couples to share child custody and visitation, even though they are filing for divorce.
A legal separation lawyer & divorce Adelaide will make sure that your separation is valid. If you do not have a good separation, you may have difficulty getting the final results you want. For example, in some states, if your spouse does not pay alimony and you do not move out of the marital property, your spouse can still collect alimony. Couples must first establish an “absence of marriage” before separation can occur. In most other states, an absence of marriage means that the couple has decided not to live together.
It’s important to get the right advice if you and your spouse are going through a marriage separation. The last thing you want to do is lose your property and suffer damage to your credit. In addition, the two of you should settle any marital issues outside of the courtroom. Many couples decide to work out their marital issues in the comfort of their own homes, but a court hearing could get messy. If you have marital issues, it is better to resolve them in the open instead of waiting until a court date.