Many people assume that a legal separation and a separation agreement are the same thing in family law. In actuality, this couldn't be further from the truth. A legal separation is an alternative for divorce, and a separation agreement is a mere contract or agreement that is created between two spouses while they are separated in anticipation of a divorce.

A legal separation will declare that two parties that are currently married have separated into different residencies and are currently living separately. This may involve some property division, a child custody and visitation plan, and implemented spousal and child support. In a legal separation, the court is involved just as they are in a divorce.

The main difference between a legal separation and a divorce is the fact that the couple remains married in the eyes of the state. This means that they can benefit from the same health plan. Some separated couples will also file jointly on tax returns (though this can be illegal if you are not living in the same household) and will benefit from each other's federal benefits such as retirement or disability. Separation also allows religious couples who do not believe in divorce to avoid living with each other even though they are not focused on rekindling the marriage.

A separation agreement, on the other hand, is a stepping stone towards divorce. In most states a divorcing couple is required to separate before the divorce procedure can begin. This is natural, as feuding spouses often don't want to live under the same roof. A separation agreement can be filed with the court to enforce any child support and spousal support and intermediate child custody plans while the couples are working through their divorce.

The separation agreement is not permanent and many of the terms of the agreement will be altered at the time of the divorce agreement. Oftentimes, attorneys suggest that clients choose the most obvious and simplest plan for the separation agreement. Arguing over the terms of this agreement is unnecessary, as they are not doing to last for very long. Attorneys typically suggest that a non-working spouse take custody of the children in the home for the time being, while the working spouse moves out and continues in his or her profession. The terms of visitation can be set so that both spouses still get to see the children.

If you need help drafting a separation agreement, you may want to hire an attorney to help you. While the court is not involved in this arrangement, it is best to have a legal aid there to negotiate through any disagreements. For example, if both spouses want to stay in the house, an attorney can help work out a satisfactory arrangement that works to satisfy both parties.

A separation agreement can be hashed out unsupervised at a kitchen table, or you can have a mediator join in on the conversation. It is also possible to have two attorneys, both yours and your spouses, helping to draft the agreement. If you are having a hard time figuring out what to do in a divorce situation you need to contact a hardworking and reliable lawyer to assist you in your case. This directory can help you to find a reliable attorney who can help you to negotiate a separation agreement or file for legal separation!