A marrying couple doesn’t get into the relationship to get divorced or separated later on. Unfortunately, some relations are fragile, and they don’t work out for long. It means sooner or later separation or divorce is going to be discussed. When the couple is not yet ready for the divorce, legal separation in Tennessee is the best step ahead. Although, it’s not a permanent solution but surely less severe than a divorce.
In most cases, there is not even a single reason for couples to separate. The reason may be that they want a break from living with each other or can’t divorce because there are religious obligations. Some doubts that are there in the minds of separating couples are discussed here.
1# Legal Separation or Divorce
There are numerous reasons favoring a legal separation instead of a divorce
Tax Benefits. Until the couple is married as per law, they can get the benefit of tax benefits. After the divorce, each spouse has to bear his or her tax responsibility.
Child Benefits. Even after the marital separation, the dependent children can continue to get the benefits of family life. Usually, after divorce, these benefits cease to exist.
Pension. A military pension is ensured only in case of legal separation. There is no such benefit after divorce.
Medical Insurance. As separated couples are still legally married, they can benefit from each other medical insurance.
If the couple still has doubts, they should first try to fill the marital separation agreement online at Forms. Legal. It gives a fair idea of how things will be in the event of separation.
2# Pros of Separation
Separation agreement protects the interests of both spouses. It resolves the complicated issues, e.g. child custody, visitation, support, debts, spousal support, and various other matters in the form of a written agreement that is acceptable and binding on both spouses.
Furthermore, marital separation doesn’t mean the end of the marriage. One of the spouses can still retain the insurance coverage in the event of incapacitation or demise of the other spouse.
Legally separated couples may choose to reunite as a married couple at any time and be recognized as married. The legal separation does not affect marital status. However, it divides the assets and debts and protects the parties from being liable towards personal debts. In some states, legal separation mandates, along with the waiting period to get a divorce.
3# Legal or Not
In the state of Tennessee, a legal separation happens when the judge signs the order which separates the spouses. It is same as the divorce, but none of the spouses is not allowed to remarry until they get the divorce legally. Grounds for separation may be many numerous, and the court can rule on various issues of separation as they would in the case of divorce. However, there is no order for the dissolution of marriage. Legal separation would include the financial support, child custody and distribution of the assets. The most common reason to separate is irreconcilable differences. Other grounds include habitual drunkenness, adultery, and inappropriate marital conduct.
4# Duration of Separation
Spouses can remain legally separated for the indefinite duration if they choose to do so after the court orders the separation. But, after two years in separation, the court can grant a divorce if either of the spouses says that there is no reconciliation or restoration of the marital relationship. The other spouse can’t stop the divorce from being granted after this duration.
Create a legal separation agreement at Forms. Legal
Numerous other doubts may be there in the minds of separating couple. Forms. Legal help to clarify them and resolve issues in the form of marital separation agreement Tennessee. Subscribe now and start creating the agreement for free!