Separation Divorce Laws
Legal separation and divorce are two legal terminologies that are often confused for each other. A divorce is the final dissolution of marriage. It ends the union of two people by nullifying all rights and duties due to marriage. If the divorced spouses wish to reconcile, they need to go through the procedure of marriage again. A legal separation on the other hand is a physical separation that keeps the marriage intact. Thus, the partners can get together without any procedure, if they wish so. Separation divorce laws explain the terms and conditions of legal separation.
A divorce terminates a marriage. A legal separation implies that the marriage has not ended but the couple is residing apart and separate. Therefore, both of these are governed by separate laws. In a legal separation laws, the responsibilities and rights of each partner while residing separately are outlined.
Separation Divorce Laws regarding Spousal Support
The court takes into account the below mentioned factors while considering spousal support in a legal separation:
A majority of states in the United States have prescribed laws that deal with spousal support in a separation issue. As per these laws, the court can pass orders granting temporary spousal support during the separation. While filing for a separation, the separating partner is legally empowered to request the court to grant spousal support.
If one separating partner pays spousal support to the other partner, then the spouse paying alimony is eligible for the tax deductions on income received. However, this must be indicated in the legal separation agreement. In case of those couples, who have separated in the absence of any legal agreement, deductions of spousal support are not considered during tax deductions.
Separation Divorce Laws concerning Financial Issues
Other issues of Legal Separation Agreement
Separation Divorce Laws and Trial Separation
Sometimes, a couple opts for a separation to end up the conflicts between them by staying separately. They take this opportunity to decide whether the marriage can be continued or not. One need to however, be very careful with the terms listed in separation agreement. Consider that a couple has undergone separation and then they decide to get divorced and the case is registered in the court. It is quite likely that the Judge would presume that the agreements and terms and conditions listed in a separation agreement would be the same for a divorce settlement agreement as well.
Thus, separation divorce laws are to be studied thoroughly as the agreement will decide the direction of settlement of divorce -related issues.
Divorce PapersHow To File For Divorce
No Fault Divorce
Children And Divorce
Do It Yourself Divorce
Marriage And Divorce
Divorce Legal Advice
Divorce In America
Divorce Child Support
Low Cost Divorce
How to Stop a Divorce