Raleigh Informal Legal Separation Lawyer
If you and your spouse are experiencing trouble in your marriage, divorce is one option. But if you are still hoping for less drastic outcome instead of outright divorce, you and your spouse can choose informal legal separation. At its core, informal legal separation is nothing more than two spouses agreeing to separate and live apart for a period of time to evaluate if divorce is the best option.
You are not delaying the inevitable by agreeing to separate. Sometimes informal legal separation allows for the breathing room to help repair a broken relationship. In other words, you and your spouse are testing out what it would be like to live apart. Divorce is permanent; separation is not.
If you are considering separation from your spouse, you will need a knowledgeable attorney to help guide you through this emotionally difficult legal matter. The Raleigh informal legal separation attorneys at Marshall & Taylor PLLC concentrate on family law and have served numerous clients in Raleigh and surrounding Wake County area. Contact the lawyers at Marshall & Taylor PLLC today by calling our offices at 919-833-1040 to speak with a qualified member of our legal staff and learn more about how we can guide you through the separation process.
Why Choose Marshall & Taylor PLLC?
Informal legal separation can offer you and your spouse a glimpse into what divorce may be like. For many, it is an opportunity to show you that life away from your loved one is not preferable and that the marriage be salvaged. On the other hand, if the marriage is truly beyond repair, an informal separation can demonstrate that it is time for a divorce.
The attorneys of Marshall & Taylor PLLC understand how difficult divorce and separation can be for you and your children. We are prepared to help you understand how informal legal separation works and why it may be the best choice for your particular situation. Make sure to contact an experienced attorney to discuss your needs, what is important to you, and how we can help you today.
What is the Difference Between Informal Legal Separation and Legal Separation?
There are some legal and practical benefits to informal legal separation, as opposed to legal separation. Yet, many couples wonder what is the difference between informal legal separation and legal separation. Informal legal separation is an agreement to live apart for a certain amount of time to evaluate if the couple can work out their problems. Legal separation, however, involves attorneys, contracts, and splitting of financial obligations. Each state has different laws concerning legal separation and typically requires a written request submitted to the court seeking separation. In North Carolina, instead of a written request, the state offers a “divorce from bed and board,” which is like legal separation and still involves the court and legal fees.
Informal legal separation is popular for numerous reasons, some of which are:
- Time apart gives you and your spouse an opportunity to appraise where you are in your marriage and decide if your marriage is worth fighting for.
- You do not have to spend money and other resources on an attorney and legal fees only to go back to your spouse.
- You can maintain your health benefits, file joint taxes, and keep other marriage-related benefits.
- If your religion frowns upon divorce, informal legal separation could be the solution.
When Considering Informal Legal Separation
If you and your spouse are contemplating an informal separation as a trial period before moving forward, it is important that each of you be mindful of the following:
- All financial obligations are still the responsibility of each of you. For instance, if your spouse buys a new car while informally separated, and does not pay for it, you are just as liable when it comes to the repercussions. In the case of legal separation, the court would not hold you responsible.
- Any money that you come into while informally separated, such as any bonuses your job gives or if you win the lottery, and you decided to go through with a divorce, will be split 50/50 as martial property. If you and your spouse were legally separated, then you would not have to split the money.
Informal Separation Agreement
If you and our spouse have decided to go through with an informal separation, it would be wise to sign an informal separation agreement. With this document, each of you can outline specific guidelines and expectation while living apart. Some common recommendations to discuss with your spouse are:
- Custody arrangements
- Housing arrangements
- Spousal support
It is important to keep in mind that the biggest risk to the informal separation agreement is that it may turn into a formal separation agreement. In other words, if you and your spouse decide to go through with a divorce, the details outlined in the informal separation agreement will determine the relevant level of support in the divorce proceedings. For example, it would be difficult to convince a judge of that you deserve sole custody if you shared custody in the informal separation period. For this reason, it is important that you find an experienced and knowledgeable attorney to help draft an informal separation agreement.
If you and your spouse are undergoing difficulties in your and you are seeking an experienced who tell you what you need to hear and not what you want, then look no further than the attorneys at Marshall & Taylor PLLC. For many, a separation or divorce is the single hardest thing they will ever go through. The legal process is simply uncharted territory that requires a knowledgeable guide that will do the legal legwork for you. At Marshall & Taylor PLLC, you will get the compassionate and competent professional legal service you deserve. Call our offices at 919-833-1040 to speak with a qualified member of our legal staff and learn more about how we can guide you through the process.