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Questions about Divorce and Legal Separation

Legal separation and divorce are not the same. In most cases, filing for a legal separations certificate or a marriage separation can be an easier alternative than filing for a divorce. The difference between divorce and legal separation can be confusing, especially when couples are already facing problems in their marriage. Legal separation laws differ from state to state, but the Experts on JustAnswer can help answer any questions you may have. Below are five of the top legal separation questions that are often asked on the site.

What is a Legal Separation?

Legal separations are when a married couple can legally separate and live in different homes without ending their marriage. In most cases, filing for a legal separation makes it easier to divide assets and also helps the final divorce run smoothly. This is also a time during which, if the two parties are trying to reconcile the marriage, they may have time away to reconsider or to get their thoughts and actions in order. If you have any questions about legal separation laws or need an expert’s opinion on marriage separation, ask Lawyers on JustAnswer for quick, effective and affordable answers.

Is There a Difference Between Legal Separation and Just a Separation?

Legal separation, divorce and separation are legal terms that refer to the changes in the status of your marriage. Legal separations are also referred to as judicial separations. These are filed within the court, and a separation certificate is granted. However, couples may decide to separate and not file for a legal separation. If couples mutually agree to separate and live in separate homes, this also qualifies as a separation, though not a legal separation. Unless it is filed with the court, the separation usually has no legal standing and may not be recognized by the court. If you are facing a separation and are unsure of the legalities and legal implications of your course of action, you can ask Lawyers on JustAnswer and have your questions answered.

When Legally Separated, How Long are you Required to Keep the Spouse’s Belongings?

The legal separation agreement usually determines how long, if at all, you are required to keep the other party’s personal belongings. If it hasn’t been resolved in your legal separation agreement, you should get a clarification and set an official date until when the belongings of the spouse need to be kept. However, each relationship is different, and there could be nuances that may be complicating your situation. You can seek answers to your specific situation and questions by ask Lawyers on JustAnswer. The Experts are verified lawyers, and you can get fast, efficient and affordable answers to your marriage and legal separation questions.

When Filing for Bankruptcy, Do We Tell Them We are Legally Separated?

Anytime you file a bankruptcy claim, regardless of whether you are single, married or divorced, you need to be completely honest with the court. Since different states have different legal separation laws, your marital situation and the income of each spouse can have an impact on your bankruptcy claim. If you have further questions about these separation laws, the Experts on JustAnswer will be glad to point you in the right direction.

When Filing for a Legal Separation, How do I Protect Myself and My Child Financially?

When filing a legal separation, you may also file a spousal maintenance for yourself, as well as child support for your child/children. You will need to make sure to file for these in the legal separation itself to ensure that the maintenance is properly documented and filed with the court. Many states have different laws on who will qualify for spousal maintenance and will take different protocols and qualifiers into consideration. If you are not sure how your state handles legal separations and spousal support, feel free to ask Lawyers on JustAnswer.

Separation can have many stressful legal implications. Making sure you’re on the right side of the law while safeguarding your own interests and those of your child can lead to many questions. Experts on JustAnswer regularly answer questions on legal separation and can provide useful insights quickly and affordably.
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