A Connecticut family lawyer can answer your questions about a legal separation.
Getting a Legal Separation
Your Connecticut family lawyer will explain that a legal separation is similar to a divorce. Issues that can arise include child custody, visitation rights, alimony, child support, and dividing marital assets and debts. In order to receive a legal separation, the procedure is as follows:
- Papers must be filed with the court requesting that there be a separation and proposing the terms.
- Unless it is a joint filing, your spouse will need to be served papers regarding the action.
- After being served with the papers, your spouse will have a specific amount of time to reply if there is disagreement with the proposal.
- If your spouse responds, there is the possibility of reaching agreement via negotiation or mediation.
- An agreement for a legal separation will be in writing signed by both spouses. In the event you cannot agree on the terms, the case will go before a judge.
- After all the issues in the case have been agreed upon or a decision is made by the judge, the judge will then sign the separation judgment and the legal separation will be complete.
- Although you will be legally separated, it is different from a divorce in that you remain married and cannot marry someone else.
Reasons for a Legal Separation Instead of Divorce
There are numerous reasons for a couple to prefer to have a legal separation. It is possible that there is a hope for reconciliation. Health insurance could be an issue as a legal separation might allow for a legally separated spouse to remain on the plan. There are often rules that a couple must be married for ten years for a spouse to receive Social Security benefits or military benefits. For some couples, their religious beliefs might not allow divorce.
Speak to an Experienced Connecticut Family Lawyer
If you have questions about a legal separation, call (203) 348-2465 to speak to a Connecticut family lawyer at the Law Offices of Piazza, Simmons and Grant LLC today.