Minnesota Legal Separation Lawyer
Separation Agreements in Minnesota
Legal separation is an option for individuals who do not want to be divorced but want the legal protection that comes with a divorce. In the legal separation, the parties divide all assets and debts, divide all property, arrange for custody of the children, and even determine
child support and any spousal maintenance (
alimony) that will be involved. Property accrued after a legal separation is no longer considered marital property, and each party is responsible for any debts they personally incurred from that point forward. It is essentially the same as the divorce process, and costs the same amount of money to complete. However, the end result is that you are still legally married.
Legal separation is often confused with a separation, where the parties choose to live separate lives without court involvement. If a married couple chooses to maintain separate households and is able to agree on custody, the court does not have to play a role. This is frequently done on a trial basis before proceeding to a divorce. A Minnesota divorce lawyer from our firm can help you move forward with the process.
A legal separation is an option for individuals who for religious or other reasons do not want to be divorced. Often it can be used if one spouse needs to remain on the insurance of the other and has no other option. Often, individuals who begin the process as a legal separation end up completing it as a divorce. There are benefits to each process, and the individual's goal really drives which process will be most successful in the end.
Legal Separation Agreements in Minnesota
Also, even though you may decide you want to proceed with a legal separation and start the process, your spouse may not agree with you and respond with a divorce action. The court will grant the divorce rather than a legal separation in that instance.
The Benefits of Legal Separation:
- The parties remain married and can maintain some of the benefits that come from that union, such as health insurance coverage
- Individuals who do not believe in divorce for religious or personal reasons are able to remain true to their values and beliefs while leaving a situation that may not be healthy for them
The Downfalls of a Legal Separation:
- The parties go through the entire process as they would for a divorce, but do not have the finality of it
- If a divorce is desired by either party later on for any reason, the parties will have to complete the divorce process, including paying all fees
The family law attorneys at Heimerl & Lammers are here to help you through this process. Contact our Minnesota family law firm today to see how we can help you. It is crucial that you have legal counsel that will protect your rights and interests, either in divorce or in a legal separation. With over many years in practice, our firm has garnered a reputation for quality legal work in the area of family law, including helping those who are seeking a legal separation.
Contact a Minnesota legal separation lawyer from our firm for immediate assistance and information in the process involved in legal separation.