Divorce
Alternatives
When contemplating a divorce, there are several legal alternatives
to consider if you are not sure you want to go through with the divorce. You may consider a post-martial agreement between
you and your spouse or a legal separation to protect yourself whilst you
contemplate the future of your marriage.
A post-marital agreement is an agreement between the parties
that effectively can reset the clock in your marriage. If there are issues that are driving you part
such as finances, child care, or even household responsibilities, a
post-marital agreement can include a joint resolution to these issues. Typically, a post-marital agreement has significance
when there is an inheritance by one of the parties and they do not want the
inheritance to become part of the marital estate. Rather than going through the process of maintaining
separate accounts and accounting for marital versus separate funds, a
post-marital agreement can spell out that such funds are separate property as
well as anything purchased with such funds.
This relieves you of a tremendous burden in your finances.
Legal separation allows you to create a date of separation
and establish the rules between the parties during the separation. To make a legal separation binding, you file
a petition with the Court and the court will establish temporary orders during the
period of the legal separation. Thus, if
you have children, custody and visitation orders will be put in place. Likewise, child support and alimony can also
be established through the legal separation process. The orders stay in place for one year unless
a divorce petition is filed or you dismiss the legal separation petition. Creditors are also put on notice that each
spouse is responsible for their respective debts after the date of separation. That is a critical factor.
In short, divorce may not always be the solution, but you
will want to protect yourself legally while you are trying to work out the issues
before you decide.
If you want more information please contact andrew@gillilandlaw.com
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