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Not ready to divorce? A legal separation could be an option.

For some New Hampshire couples, the marriage may be over, but there are various reasons why it is impossible to move forward with divorce. This does not mean these two parties have to continue living under the same roof, however. If you and your spouse no longer want to live together yet divorce is not an option, you may consider the benefits of a legal separation.

Legal separation involves much more than just moving to separate residences. It is important to put certain legal protections in place in order to reduce the chance of issues and complications. If you are ready to separate, you may find it helpful to learn more about legal separation before you move forward with this decision.

What should you know about legal separation?

Legal separation is similar to divorce in many ways. As you draft your separation agreement, you will have to address various issues like you would if you were moving forward with a divorce. Besides remaining married, legal separation is different from divorce in the following ways:

  • You will be able to keep shared medical benefits if you choose legal separation because you technically remain married.
  • While you may not act or feel married, you will not be able to marry anyone else until you formally divorce your previous partner.
  • You may be able to make medical decisions on behalf of the other as you are technically still next of kin.
  • If one spouse dies, the other will still have property rights, even if they are not currently living together.

If you believe you will be living apart for a long time, it is smart to make your legal separation agreement as thorough as possible. You can address child custody, division of property, financial responsibilities and much more. As with all type of legal agreements, it is beneficial to have legal guidance as you make these important decisions.

Protecting your future

It is not easy to decide to move forward with a legal separation, but there is significant benefit to being thorough and cautious while drafting an agreement. In fact, some couples are able to use their separation agreement as a blueprint for a divorce agreement if they decide to take that step in the future.

Before you make a decision that will affect your future, you would be wise to seek a complete evaluation of your case in order to better understand the benefits and drawbacks of a legal separation.

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