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Considerations for legal separation

Though couples may go through hard times, for some divorce is not the answer. In such cases, legal separation may be a viable option

For those contemplating this type of separation, it is important to understand all that it entails. Here are a few key things to consider about a legal separation.

Similar to divorce

A legal separation has several of the same elements as divorce, so much so that much of the process and paperwork are virtually the same. However, the end result is a bit different. At the end of a divorce, the two parties become separate entities that are no longer related. On the other hand, a legal separation divides assets between the couple, and the two remain legally married. 

Possible benefits

There are a few possible benefits of pursuing a separation rather than divorce. The process tends to be quicker, which in turn is also more cost-effective. In cases where children are involved, separations tend to be less taxing upon them. Most importantly, for those who are not sure if they truly desire a divorce or just need space as they work through things, a legal separation gives them that distance, yet maintains the option to reinstate the marriage easily, if they choose. 

Grounds

In accordance with the law, there are certain grounds for legal separation. In short, the marriage must meet two main conditions:

  1. The current conditions of the marriage make it intolerable for the two parties to cohabitate.
  2. There is evidence that the two should maintain the marriage.

If both parties and the court agree to these aspects, the court may grant a legal separation. It is important to note that the court has a say in determining if the separation is a suitable solution and must make this determination in accordance with the law.

By keeping these things in mind, couples may determine if legal separation is right for them. For further information, it may be helpful to review the law in full and to consult with an attorney.

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Cindy L. Kenworthy, P.C.
3891 Eagle Creek Parkway, Suite C
Indianapolis, IN 46254

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