memomma Posted November 30, 2004 Share Posted November 30, 2004 Can someone tell me what exactly is a "legal separation" and what would be the benefits of getting one instead of filing for divorce? I'm not real clear on the ins and outs of it and wondered if anyone had firsthand experience they would be willing to share. Is there an additional fee to pay the attorney? I've had a consultation visit that didn't go real well. The attorney I met with advised me that there was the possibility of me paying alimony and so I just backed off and never pursued the divorce. Things have gotten worse instead of better and I'm trying to figure out what I should do. thanks......I really appreciate having this site to vent and/or ask for advice. Link to post Share on other sites
Merin Posted November 30, 2004 Share Posted November 30, 2004 Legal Seperation.. Most times this is filed when the parties involved still have some hope that the marriage may be repaired.. however it protects both people in the way financial responsibility is decided for whom will be responsible for what financial obligations there may be.. if there are children involved then temporary child support as well as visitation is set up as well. Legal Seperation helps in giving both parties better clarity as to what they are responsible for in temporary court orders. Divorce.. When both parties know the marriage isn't going to be repaired ever. This of course is a final destination. If your attorney has advised you that you may have to pay alimony.. then you can of course get another opinion.. however in some states it is required depending on the circumstances of the marriage. Seek another attorney if you didn't feel comfortable with the one you had an initial consultation with. Link to post Share on other sites
Scott S Posted December 1, 2004 Share Posted December 1, 2004 In some jurisdictions, it may be required as a precurser to divorce proceedings. I had filed a legal separation prior to divorcing my ex. The purpose was to protect myself financially. This also enabled me to file taxes that year in a "Single" filing status, as opposed to "Married Filing Separately," with the lower personal exemption & higher tax liability. Merin - Cute avatar, by the way! Link to post Share on other sites
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