Legal separation is a court-ordered arrangement that allows a married couple to live apart and lead separate lives. It is an alternative to divorce that can be used if that option is not available or if the parties are unsure of the state of their marriage but want to establish certain boundaries and responsibilities. Such responsibilities may include separation of their assets, custody of any children, and child support.
There are several documents that are typically required for legal separation cases, including:
- Birth certificates for both spouses;
- Social Security cards for both spouses;
- The marriage certificate;
- Birth certificates for children of the marriage;
- Proof of income of both of the parties;
Other documents that are helpful:
- An accounting of the property of the marriage; and
- A separation agreement, if the parties can reach one.
Although an individual may be able to petition a court for a legal separation without the help of a lawyer, having a lawyer will make the process much smoother and less stressful. A lawyer will know the types of exhibits to present in court as well as whether expert witnesses will be necessary.
The terms reached in these cases will govern an individual’s life for the foreseeable future, so it is important to ensure their rights are protected and their best case is presented with the help of an attorney.
How Will This Evidence Make My Separation Case Stronger?
If the parties are able to do so, many courts prefer that they reach a separation agreement that best suits the needs of their unique situation. If this is not possible, they can have a trial.
It is important to have a lawyer draft the separation agreement. It is even better to have each of the spouses hire their own attorneys to ensure their individual needs are met and their rights are protected.
A separation agreement can cover any and all issues that are unique to the marriage. This may include:
- Spousal maintenance;
- Child support;
- Child custody;
- Arrangements for shared parenting; and
- Any other issues.
The parties may be required to provide information about their income. They will also likely have to provide information about the assets and property they own, such as a home and bank accounts.
Each spouse may want to show that they are best equipped to care for the children of the marriage or present reasons why they may need to keep certain property, such as the family home. For example, if one spouse is disabled or there are accommodations made to the home for their needs, it may be important for them to reside there.
It may also be important for the children of the marriage to remain in the family home so that their lives are disrupted as little as possible. A spouse may use a character witness in court to demonstrate that they are a stable parent who is able to provide for their children.
If the parties cannot reach an agreement, the court will divide their assets based on community property or equitable distribution, whichever their state follows. In community property states, there is a 50-50 split of all property that was obtained during the marriage.
In an equitable distribution state, there may be more assets that are considered to be marital property, but they will be split as fairly as possible instead of half and half. A lawyer will be best equipped to present the strongest possible evidence to the court to help the individual obtain what they need during the legal separation.
How to File Evidence in Family Law Court
Presenting evidence in court can be an intimidating and complex endeavor. It is best done by trained attorneys who know what is admissible and what will best serve an individual’s case.
There are certain types of evidence that cannot be admitted in court and an attorney will know how to present an individual’s case using admissible evidence. A legal separation can be difficult, stressful, and emotional for all of the parties involved.
Having a lawyer handle an individual’s case will help ensure that the best possible evidence is presented for their argument and that the process is as stress-free as possible. The terms of the legal separation can change an individual’s life, so it is very important that their rights are protected throughout the process.
What If This Is Not Accepted by the Courts as Evidence?
There may be certain evidence that is not accepted by a court during a legal separation case. If this occurs, a lawyer will know alternative types of evidence that may be presented and how to do so.
For example, a spouse may want to use testimony from an individual regarding their abilities as a parent but, if it falls under the hearsay rule, they may not be able to do so. Their attorney will know how to find a witness with first-hand knowledge of the facts as well as how to find supporting documentation that will be admissible.
What Issues Are Common During Separation?
During a legal separation proceeding, a court can determine matters such as property division, alimony, and child custody and support. It is important to note that, even if the parties are separated, they remain legally married until they obtain a divorce.
Common issues that arise between separating couples include, but are not limited to:
- Whether one of the spouses is entitled to temporary alimony;
- How much one spouse should pay in child support if there are minor children;
- Rights related to family home, including whether either of the spouses may have the right to remain in the home during the legal separation and who will pay mortgage; and
- Which of the debts each spouse will be required to pay.
Do You Need a Legal Separation?
There are some couples who choose to obtain a legal separation because their religious beliefs forbid them from divorcing. There are others who use a separation to work on a troubled marriage.
A legal separation provides spouses with a legal framework and gives them the ability to take action if one party does not follow the terms of their agreement or their obligations to pay child support.
For example, if there is a legal separation order in place and one spouse falls behind on payments, the non-paying spouse may be held in contempt for violating the order. If there is not an order in place, there is no way to enforce any overdue payments.
Why Obtain a Legal Separation Instead of a Divorce?
A legal separation allows spouses to remain married while being able to lead separate lives. It serves to continue the relationship to a certain extent.
A legal separation also allows the parties to still be entitled to certain benefits, such as pensions and social security benefits. It may also serve as a step towards divorce.
Separation can allow the spouses to resolve important issues, such as financial and custody issues, while keeping their marriage intact and deciding what their path forward will be. A legal separation can be reversed.
A divorce is permanent and the parties would have to remarry again if that is what they wanted. A legal separation may also be easier on any children, as their parents remain married.
Does a Couple Have to be Separated Before Obtaining a Divorce?
In many states, spouses can file for divorce without first obtaining a legal separation. While waiting for their divorce, the couple may reside separately, without a formal agreement, or, in some states, they could even live together pending the final divorce.
There are some states that require the spouses to have a separation period before their divorce can be granted. It is important to consult with a lawyer regarding the laws in the state where an individual resides.
How Can a Lawyer Help Me With My Evidence?
If you are considering or are involved in a legal separation, it is essential to consult with a family lawyer. Your lawyer can explain what evidence will be needed in your case and the best way to gather and present it.
Having a lawyer on your case will help ensure that you obtain what you need and are entitled to during the legal separation. It can also help ensure that you are allowed to maintain a relationship with your children.
