What is separate maintenance in a legal separation?

Almost every couple hits a rough patch in their relationship at some point. Some decide to take a break from their marriage to sort things out and choose a trial separation. However, when there is a complete breakdown of their marriage with no scope of reconciliation then a permanent legal separation is an alternative for those who do not want a divorce.

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Separate maintenance is granted to couples who are legally separated. For the most part, it is similar to alimony in a divorce and San Bernardino, CA divorce lawyers will be involved or should be involved nonetheless.

When does legal separation happen?

Arguments are common in marriages but when arguments become overbearing and constant then it is obvious that a couple is going through a difficult time. Following this they may decide to take a break from each other but continue to work to solve their differences. This is when a trial separation happens for a limited period of time. During this period, couples flip the switch for counseling and also decide to move out of the family home for a period of time in a bid to sort out their grievances. Trial separations do not involve courts or lawyers.

However, when the differences become irreconcilable then legal separation with the assistance of Southern California divorce attorneys and courts become an alternative when divorce is out of question. Legal separation is not common but some couples are not prepared for a divorce for the sake of their children, health, or tax benefits, and in some cases, for their religious beliefs where their churches condone divorces which is very rare.

Legal separation works almost like a divorce. The couple will have to share their properties and debts. They will need to agree on issues of child custody and support. If they cannot agree then the court will decide on their behalf. From the wisdom of San Bernardino, CA divorce lawyers the court does not provide a divorce decree. This means that the couple will remain married and will not be able to remarry until they secure a divorce.

What is Separate Maintenance?

Separate maintenance is not very different from alimony. However, the term alimony is not used because the couple is still legally married although separate maintenance is determined by the same factors that are considered for alimony.

In most cases the partner who is financially weaker is granted separate maintenance. However, it is important to understand that the factors that determine the amount and duration of payments include the duration of marriage, earning abilities, and respective ages.

How to select an attorney for your legal maintenance?

If you contemplate a legal separation, it would be prudent to consult with a Southern California divorce lawyer since the process involves several critical issues such as debt and property division, child support and custody, in addition to the duration of the separate maintenance.

Make sure to choose a lawyer that has extensive experience in the process and issues surrounding legal separation. This stage is often a precursor to divorce so you ought to make sure you are well prepared for any situation. Some people call this contingency planning. Other people call it remaining on your toes. Then there people who refer to as just being flexible. If you were ever in the military you know that being rigid does not work since change can occur at any time. Hopefully you do not get a divorce but it is better to be prepared for anything that is a possibility.