Separation
We
often hear “I would like to get a legal separation.”
You are “separated,” in law, upon the two parties living
separate and apart with no reasonable prospect of resuming cohabitation.
This can even occur when you continue to reside under the same
roof! There is no law that
says you need do anything once you become separated.
You, and/or your spouse, do have certain rights and obligations
which are triggered by the separation.
It is the settlement of these significant issues that usually
form the basis of any agreement or court-ordered settlement between the
parties.
There are two
primary methods of dealing with the issues that arise upon separation.
The first is a consent leading to a separation agreement (a
contract between the parties settling the matter to their mutual
satisfaction). The second
method is through litigation that leads to a court-ordered or imposed
settlement.
You
should be aware that there are time
limitations which could limit or forever prevent any claim by you.
It is important, therefore, to seek legal advice early in your
separation or even before any potential separation.
To
discuss whether you are, in law, “separated” and/or what rights or
obligations you may have, call any one of our team today.
