Why Legal Separation is a Comfortable in-between
When two people have been together for a long time, the idea of divorce may be intimidating. They want to be entirely sure that they have tried everything to make it work. While divorce is the ultimate step in a relationship that is not working, legal separation could be a comfortable in-between before the two decide what to do with their marriage.
Since Louisiana adopted the no-fault divorce model, legal separation is no longer a legal entity in the state. Instead, the law requires that a couple filing for divorce be living apart for at least 180 days before the divorce can be granted. The couple will file for legal separation for this period, and it will be valid for those 180 days. After that, the court will move on with the decree to dissolve. During this time, one of the parties can petition the court for child support spousal support and the separation of assets.
Reasons for Granting Legal Separation
The spouse seeking legal separation may do those on these grounds: Abandonment for a year or more, abuse by their spouse, adultery, the spouse is imprisoned for life or for long, and if the two have been living separately and apart for over two years since the initial filing.
A marital separation agreement in Louisiana addresses debt, child support, spousal support where applicable, and property related issues. In some instances, the decree will be complicated but at times it’s pretty simple. It all depends on a marriage. In the end, even after the decree is issued, the couple will remain legally married. They may not remarry until they decide to dissolve the union properly.
Even though the process sounds quite simple, it is similar to that of divorce, and so all parties will be expected to agree on property and children. The court will help, but it would be in a couple’s best interest to do it their way.
Benefits of Separate Maintenance
Legal separation has its benefits over divorce. It allows spouses to keep each other on a shared medical insurance plan, especially when one is suffering from an illness that needs constant care. They also benefit from tax cuts that come from filing their returns as a couple. While the couple waits for the divorce to be finalized, the will enjoy these perks as they are still married to each other. Another benefit of this safe arrangement is that it allows two people to decide what to do with their failing marriage. If they are unsure whether divorce is the right way, then filling a Louisiana marital separation agreement may buy them some time.
Seek Help before you Decide
Before you make the final decision, you may want to talk to a lawyer for their advice on the matter. We are available online for providing legal documents concerning marital separation agreements in Louisiana. Register with us today.
Whether you live in New Orleans, Baton Rouge, Shreveport, Metairie, Lafayette, Lake Charles, Bossier City, Kenner or any other city of Louisiana, you can use our legal forms easily.