For many couples, a legal separation is one step to be taken before a divorce. Many clients wonder if such a separation will affect a subsequent settlement. In this guide, readers will find some important facts on legal separation and the protection of personal property before a divorce.
Legal Separation: What Is It?
Legal separations are court orders that dictate the responsibilities and rights of spouses who decide they wish to live apart. While other disputes and issues are handled in separation agreements, the couple is still married. Though a legal separation is usually one of the earliest steps taken before a divorce, it’s not the same. The main difference between legal separation and divorce is the potential for future reconciliation. Couples may choose to legally separate for reasons such as:
- Determining custodial and financial arrangements before filing for a divorce
- Moral or religious objections that make legal separation an appropriate alternative to divorce
- Desiring a “waiting period” before potentially reconciling in the future
Some states require couples to legally separate before moving forward, while in the state of Wisconsin, separation is just an option. A legal separation may last for two years, or it may be waived within a few months if the parties agree. Consult a divorce lawyer in Sheboygan, WI to learn about the state’s requirements.
Protecting Personal Property During Separation and Divorce
Wisconsin is one of nine states with community property laws. This type of asset division is intended to make separations or divorces as fair as possible, helping each spouse receive their fair share of marital assets. Unfortunately, these matters are rarely straightforward, especially when a spouse pursues the other’s personal property. To protect those assets, it’s crucial to hire a divorce lawyer in Sheboygan, WI.
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The firm’s skilled legal team will use its years of experience to review every case and help clients determine whether a divorce or legal separation is the better option. Visit us online or call today to learn how an attorney will use their resources to protect clients’ rights and ensure a fairer settlement.