Marriages are unique institutions, and little is known about those entering them. There is no proper guide on how to run your marriage. None of the parties entering this institution can foretell what will be the out. All we have is hope that our marriage will thrive and bear fruits of happiness and love. Most couples do not realize the amount of sacrifice required in a marriage for it to work. It is not an automated application to give only the best. At times, low moments hit, and you feel like your spouse is a stranger.
After arriving at this point, you seek legal separation as it seems like the perfect treatment for the wound in the marriage. Divorce at this point does not apply, as it looks like you still have a chance to let the marriage work. Separation in Mississippi provides two options: temporary and legal separation. However, Mississippi laws do not accommodate legal separation and are termed separate maintenance.
Both spouses can request a separation, which allows for reconciliation after the separation period. Some advantages come with this option when compared to a divorce. This may be the reason why most couples take this option.
Mississippi laws on legal separation favor the low-income earning spouse. It is also punitive to the spouse who leaves the marriage for an informal break. It is also designed to protect women who are stay-at-home moms from being abandoned by their spouses. Separate maintenance is also availed to couples whose divorce case is impending. This oversees that their living standards are maintained similarly before separation.
Legal separation is known as separate maintenance and not a legal separation. If a couple now wishes to live together any longer, they must file for separate maintenance. Couples who have filed for divorce will also be granted separate maintenance. The court gives the care and settles some issues about children, Alimony, debt, and property.
You will notice that filing for divorce and legal separation in Mississippi is similar. The complainant filing fills outs the form for the break. Marriages with children fill different forms from breakups of marriages without children.
It is also necessary to complete documents that include; your information and information about your spouse. After the documents are ready, you can file for the separation. Filing options include online filing and sending the documents by mail or filing in person.
After this, you must ensure your spouse has been served with the separation papers. The court does not fill the form for you. All the copies of the filing are included.
Multiple advantages await couples who pursue a legal separation, contrary to those who seek divorce. The advantages include:
Disadvantages are also experienced where there are advantages. The separation also brings a couple of disadvantages since couple and marriage are unique in every case. The penalties will include:
Finance disadvantage - when two people are married, their finances are consolidated. There is a risk of misappropriation of funds by the spouse. There are cases in a separation where the property is not divided.
Limitation to remarry - a legal separation will limit a person who wishes to remarry. This can only be possible after the current marriage has been dissolved through divorce.
Legal separation has fundamental differences from a divorce. There are also crucial differences between the two options. The most obvious difference is the marital status after the two processes. The main similarity is that the two are legal processes that demand time and resources. Let us focus first on the differences that include:
The spouse is a beneficiary of the property after the death of the spouse Similarities include:
The diversity of a marriage will affect how long it takes to get a legal separation.
Every case is unique from the other, and the ability of a couple to agree on a settlement dictates how long the separation will take. Usually, the court process takes 4-6 months where there is no contention. In cases of disagreement, the time will be elongated.
The cost of separation is paid to the court when filing for separation. The court fee is about $158. You will also incur other charges while pursuing the separation. Attorney fees will depend on their experience. It will also depend on how long the proceedings will take. Choosing an experienced attorney will cost more; however, expertise is required.
Both parents are obliged by law to offer support to the child; however, the noncustodial parent must make the financial support. The noncustodial parent spends less than 50% of the child's time. The custodial parent is seen to make their support directly to the child's needs. Child custody is decided upon by the judge handling the separation case.
Child support should be paid until the child attains the age of 18 years. There are instances where child support is continued when the child is above 18 years and has a significant disability. Child support is calculated by the number of children from the marriage. For one child, the support required is 114% of the income and rises as the children increase.
A trial separation refers to couples who start separately for some time. There is no legal involvement in this process. This is an agreement between the team. If there is any property acquired during the separation time, it is considered to be developed during marriage. It is considered to be marital property.
Legal separation is a legal process that demands a lot of knowledge and legal advice. When being represented by an experienced attorney, you will get help to have legal protection during the separation process. The attorney will also ensure the agreement and settlements are done with less hassle.
A separation agreement refers to a contract that is recognized by the law. It should be signed by both parties seeking a separation in their marriage. Later on, it is signed by the judge. In the agreement, the couple should state how to settle specific issues: child and spousal support, Division of debts, and child custody. The document is complex and features a lot of details. The couple may consult an attorney to get directions on how to go about the issues.
When writing a separation agreement, it is essential to make a few considerations that include:
This document allows couples who pursue legal separation to get the verdict within a minimal period. The lesser time it takes for the case to close, the less money it will cost.
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