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In most states, a legal separation is typically the first step in the divorce process. Before a divorce is made final, almost all state courts require that a divorcing couple be legally separated for some period of time, usually 90 days.
A legal separation agreement is a binding agreement between divorcing spouses that covers the time from the separation to when the divorce is finalized. A legal separation document spells out the terms of the couple’s separation and usually handles family issues such as child custody and support, property division, and alimony. In order for a legal separation to be valid, the separation agreement must be in writing, signed by both spouses, and notarized.
During a legal separation, property and debts are often “frozen” and separated for each spouse. This means that the courts won’t hold you responsible for any debt your spouse accrues after the separation. However, unlike an actual divorce, creditors may still hold you responsible for your spouse’s debt.
In addition, during a legal separation both parties are typically prohibited from converting or disposing any marital assets.
Because a legal separation agreement is a binding contract, it is recommended that you seek the assistance of a qualified family law attorney who will ensure your legal rights and interests are fully protected. For more information about legal separation or to speak with an experienced family law attorney, please contact us today.
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