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Legal Separation Agreement vs Divorce

There may come a time in a marriage when a couple experiences difficulties in the relationship. For many, marriage counseling is an option. For others whose marriage has become unsalvageable, divorce is the best way forward. However, there is a third option for those seeking time apart. Separation agreements serve as contracts between married spouses allowing the two to remain apart without divorcing. These separations may last months, years, or indefinitely.

Factors covered by separation agreements typically include:

If the couple decides to make the separation permanent, their shared property may be divided. As a separation differs from a divorce, the couple is still legally bound through marriage. Also, both spouses are not free to seek new romantic partnerships as the act will constitute infidelity. It also does not grant either party the right to remarry. An attorney specializing in these agreements can be an invaluable asset for either spouse. He/she will advise you on the steps to take when requesting a separation as well as state laws applicable in the process.

Speak with a San Marcos Divorce Lawyer

If you or a loved one is involved in family law litigation or a divorce case with child support, custody, or visitation issues, and need legal representation, don’t hesitate to contact the Fischer & Van Thiel Family Law Firm of San Marcos at (760) 757-6854 today to get solid legal advice and a professional divorce lawyer consultation.