Regardless of whether you are planning to divorce or just are looking to separate from your spouse, it is essential to take time to understand the process. A Frankfort lawyer can walk you through the legal separation process so that you can determine the option that is right for you.
Our dedicated family lawyers can help guide you through the process to make it as smooth as possible. The separation process may seem confusing, but the attorneys from Reidy Law Office LLC can help you through each step.
The steps that are involved in the separation process depend on the specific agreement the couple is seeking. Depending on the circumstances, there is a marital settlement agreement that is part of the divorce process, and there is a legal separation. A lawyer can draft a legal separation document, but can only represent one of the parties, not both. Throughout the process, a lawyer can provide an individual advice and guidance about their property rights and what their responsibilities may be. They also can help negotiate the best possible agreement.
To have a legal separation, there has to be a binding document between the parties that divides the couple’s assets. If the couple decides to divorce and can agree on an agreement, their legal separation ultimately goes on to a divorce that the court will decide on.
The law requires that the parties be separated for six months or more before they can divorce officially. Often, when couples are separating as a precursor of divorce, the parties will agree that they want to get divorced. The required separation is meant to ensure that the couple is fully considering the decision to divorce. An attorney can help couples in Frankfort understand the legal separation process.
Separation does not necessarily lead to more civil ways of dispute resolution when couples decide to get divorced. However, if the parties agree to a settlement such as a separation agreement regarding the property, it can be quite civil. Typically, when they enter a legal separation, they enter an agreement in the court that can then be binding in the event of a divorce.
If the parties do not have an agreement in place, the court will not draw one up for them, but it can allocate and divide the property. Therefore, if a couple enters a legal separation prior to divorcing and has a plan for the allocation of property in place, they will generally have a more-civil divorce because they have already done the majority of the negotiation.
A Frankfort attorney plays an important role in the legal separation process. From helping to create a division that is equitable to both parties to helping you protect what matters most, the role of a lawyer cannot be understated. If you are considering ending your marriage, reach out to Reidy Law Office LLC to discuss your options. Call today for a consultation.