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Things that you should consider when getting a legal separation

By BreakUpAdviceOnline.com Staff

Getting a legal separation involves the same process as getting a divorce. In fact, it involves the same amount of time and money. You have to hire a lawyer, have him draft the legal documents, go through all the legal procedures and discuss on a number of things. The only difference is, you won’t be able to marry again if you get a legal separation as opposed to getting a divorce.

This is why most people do not even consider legal separation as an option. Why should they when they will have to shell out the same amount of money and spend the same amount of time for something that has lesser benefits. Still, there are some who still want legal separation.

People who strongly believe in the sanctity of marriage may feel awkward in voiding the contract. They feel that what God has joined together cannot be separated by anyone. Others believe that they should not be allowed to marry since they have already pledged their loves to someone else. This is especially true for people who have strict moral beliefs especially in the family structure.

Another reason that people get legal separation as opposed to divorce is the fact that some health insurance programs provided by companies have better offers for people who are legally separated than people who are divorced.

Legal separation is also an arduous process. Not only will you have to decide on how to divide the properties that you have, you also have to decide on the custody of the kids.
Below are some of the things that you should take care of when getting a legal separation.

1. Lawyer

This is perhaps the primary ingredient in getting a legal separation. Without a lawyer, there will be no way legalizing the separation. The lawyer will be the one to draft the documents that will make the separation legal. The lawyer will also be the one to preside over your discussions on the financial and custody issues.

In choosing a legal separation lawyer, make sure that you have thoroughly gone through his or her credentials. Make sure that you have seen their license. There are many bogus lawyers who prey on couples who are just new in the process. License is important because this will deem your document as legal or not.

If you can, hire a lawyer that specializes in divorce and legal separation issues. This way, they will be able to help you better, being well-versed in the ins and outs of the business. This is especially true if you are anticipating a pretty nasty divorce. Would you not want an expert to be on your side?

2. Kids

Children are the most affected in times of divorce. In fact, the trauma that a divorce can inflict in children can be so ingrained that they would need therapy afterwards just to make sense of everything that is happening in their lives.

One of the first things that you should take care of when getting a legal separation is explaining to the kids what will be happening. It is important that you make them understand the situation and to assure them that they did nothing wrong. Oftentimes, kids will think that they have done something wrong or that their behavior made their parents split up.

Even after explaining to them, talk to them still and ask them what their feelings are on the situation. Open communication lines will help lessen the misunderstandings and will prevent misrepresentations.

3. Custody of the children

Custody of children should also be discussed as this can be a really sensitive issue. Not only should you decide whether to get joint custody of the kids or to just let them live with one parent so as not to uproot them. In case there will be joint custody, you have to make sure that you iron out the schedules of the kids.

How many months will they be staying at the home of one parent? How many months will be spent living in the home of the other parent? Visitation schedules should also be discussed in case a single custody is awarded. Child support issues should also be taken cared of. You should have an idea on how much should be provided as child support for the kids.