People magazine posted in 2023 that Nikki Boyd, who is American skater Bam Margera’s wife, had lodged an order for legal separation recently after their silent split in 2021.
Legally separating is a different option from seeking a divorce. In this process, the parties establish procedures to resolve issues such as child custody, financial support, and property settlement while maintaining the validity of their marital bonds.
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The costs for this type of separation may differ between states. For instance, legal separation in California will have you pay up $435 to $450. Keep in mind that there are other expenses involved in the process.
Legal separation comes as a significant mental relief during traumatic times. Knowing one’s legally protected entitlements and responsibilities in both divorce and legal separation is important.
Let us look into legal separation and who should initiate the process.
Understanding Legal Separation
At times, dealing with legal separation might seem highly difficult. The process can involve high emotions, depending on the circumstances. You can rely on your legal rights and obligations while you and your wife decide to separate under legal provisions.
Legal separation offers both parties the possibility of self-reflection on their relationship and possible steps to take. The system helps a person to remain truthful to his or her feelings or thoughts concerning his or her decisions.
Key Differences Between Legal Separation and Divorce
According to divorce lawyer Joseph Stanier Manning, family circumstances are unique and the law provides options to protect both spouses and children. Both legal separation and divorce aim to end marriages, but these two differ a lot in terms of their legal recognition and impacts. In the case of legal separation, the spouses stay legally married. Since the parties involved are still in a marital relationship, benefits such as health insurance and taxation records remain valid. Meanwhile, divorce puts an absolute end to one’s marriage. For some, divorce provides a refreshing break from the relationship in all its aspects.
When looking at the emotional aspect of the two methods, legal separation might seem less final. Legal separation allows a spouse enough time to assess their relationship and ask if the life they have built together is worth persisting in. The decision as to what should be done during this period depends on the individual circumstances of both parties.
Legal Rights and Responsibilities During Separation
In a legal separation, both parties have certain rights and responsibilities. You must comply with the court by providing all requisite information. You will also need to respond to any queries by the court. Separation orders govern the division of the marital estate, matters of support and debt, and the issue of child custody and visitation if children are involved.
This process is enforced in accordance with local regulations or existing agreements specific to the jurisdiction. Financial matters may require your aid in the event that there is a spouse or child involved. It is important to be actively communicating in a sense of mutual regard to maintain a positive relationship with your ex.
Emotional Implications of Legal Separation
When a legal separation enters the picture, it’s downright normal for feelings of loss and doubt to coexist when you have spent the better part of the past decade building a life together.
In the meantime, feeling connected could definitely seem more elusive, more challenging, and more uncertain. Sharing emotions or asking for support is something you should try as you seek professional help. These support groups provide a base for you to nurture and grow your situation.
Steps to Obtain a Legal Separation
A divorce can be a highly unsettling event in a person’s life, but it doesn’t have to be. Making the problem simpler by dividing it into what look like small pieces is an easier thing to do.
Now you should start looking for a family law lawyer who is specialized in your very type of case. He or she will give you much assistance during the legal separation process.
Collect all the necessary documents, including completed financial statements, agreements, and other records that you and your spouse have signed together.
File a petition for legal separation in the court in your jurisdiction. Once the necessary paperwork has been submitted, the petitioner will serve it on the respondent.
There will be a hearing at which you can argue your side. The two parties then formalize their agreement in writing.
Try to surround yourself with family and friends who will provide the support you need.
