Family and Relationships, Society and Culture

Legal Separation: An Alternative

Legal Separation: An Alternative

Is your marriage on the rocks for long now? Do you feel the trouble in paradise boiling to a point of no return? It is a frustrating experience to go through. Marriage is a big show of a mutual commitment between two people. It lays down promises of ever-lasting companionship in front of loved ones and the society. Hence separation in terms of divorce is often looked upon as too final a deal that kills any chances of rekindling the spark. So what do couples do who want to take some time and space away from the marriage but want their rights to be legally protected as well?

Legal Separation is the answer here. Known by other terms as “Judicial Separation” or “Separate Maintenance”, it’s an intermediate stage wherein if the couple wishes to reconcile at any later stage, no additional steps have to be taken for the continuance of the marriage. But if they wish to go for a divorce, an explicit case has to be filed. Your legal marriage remains unharmed while the spouses can branch out separately. Many of the rights are retained as in a divorce but not all the states agree to legal separation. You will need to go for alternate options say in the state of Texas, where legal separation is not an option for disgruntled couples.

Mensa et thoro Separation and other Options

There are quite a few options for separation depending on the kind of actions both spouses want to do together and what they want to do separately. A mensa et thoro separation which is a court mandated separation serves a lot of purposes especially in states where divorce grants come by rarely. So if a couple is legally separated for a period of three years or more, then the divorce proceeding go on more smoothly. Many a times in abusive relationships too, the partner claims for legal separation to avoid claims of abandonment or desertion later on during divorce.

Indulge in a ‘partition and exchange agreement’ that allows property brought under marriage not to be treated as joint property. It also facilitates transfer of ownership of assets between the spouses. This can be nullified in case of reconciliation. Also its efficient to arrange parenting plans under Suit Affecting the Parent-Child Relationship (SAPCR) order, which would then be reviewed by a family court. Charting out terms and dealing with heavy negotiations require expertise. Contact an Austin Legal Separation Lawyer who can understand the fragileness of the situation and work forward to getting a relaxed and conducive environment to iron out the differences in your relationship. Your family is in safe hands and your case with the best legal minds!

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