On behalf of Musselwhite, Meinhart & Staples posted in family law on Friday, November 3, 2017.
Not all marriages work out, but it does not mean that every couple is ready to pull the plug completely and file for divorce. For those in Kentucky who are in this position, legal separation may be the answer. This is something with which a family law attorney can help.
What is a legal separation exactly? Legal separation is basically a divorce without the divorce. It is formal and requires court approval. It creates legally binding agreements regarding property division, child custody and financial support. It does all this but allows a couple to stay married.
Why would anyone want this? Some people want to try out a separation before actually filing for divorce. This would give them a good idea of how things would work out for them if they did end up filing to dissolve their marriages. For others, getting divorced just does not make sense. The benefits of being able to claim that one is married may outweigh the benefits of officially filing for divorce.
Is getting court approval necessary? Why not just separate without the hassle? What may seem like a hassle now could prevent a lot of problems in the future. Yes, it is possible for a couple to informally separate, but then there are no legal protections for either party in place.
Legal separation is not right for everyone, but for some Kentucky residents, it may just be the right fit. Those who are unsure can speak to an experienced family law attorney to learn more about it. If, after getting one’s questions answered, it seems like the best choice, the process of seeking a legal separation can be started.
Source: FindLaw, “Legal Separation“, Accessed on Nov. 1, 2017