Separation Law

A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce serves public policy interests, some states require a "cooling-off period," which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings.

Knowing the grounds for legal separation will help you prepare your case so you can quickly get the paperwork completed and start the process towards divorce. While not all of the following reasons for legal separation are valid in all states, it will help you start thinking about your defense.

a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry.

A separation agreement allows a husband and wife to agree on all of the same issues that would need to be decided upon divorce, including maintenance or alimony, division of marital property, child custody and child support. In most states a separation agreement must be entered into voluntarily, however, in some states a legal action can be taken in Court to obtain a separation. Although some states will enforce a verbal separation agreement, most states require that it be in writing and a few states require that the signatures be notarized for the agreement to be enforceable. In addition several states require the couple to actually separate (begin living apart) at the time, or just before, the separation agreement is created in order for it to be enforceable.

A legal separation is a written agreement that is filed with the court which addresses the rights and responsibilities of a married couple while they are living apart. Issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc.

The American Academy of Matrimonial Lawyers was founded in 1962, by highly regarded domestic relations attorneys “To provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.” There are currently more than 1600 Fellows in 50 states. The Academy Fellows are highly skilled negotiators and litigators who represent individuals in all facets of family law. These areas include divorce, annulment, prenuptial agreements, postnuptial agreements, marital settlement agreements, child custody and visitation, business valuations, property valuations and division, alimony, child support and other family law issues.

AFCC is the Association of Family and Conciliation Courts - an interdisciplinary and international association of professionals dedicated to the resolution of family conflict.

IAMFC is an organization that promotes excellence in the practice of couples and family counseling by creating and disseminating first-class publications and media products, providing a forum for exploration of family-related issues, involving a diverse group of dedicated professionals in our activities, and emphasizing collaborative efforts.

It is estimated that 1 in 2 marriages will end in divorce. While divorce is common among couples who can't seem to get along, many are choosing another alternative. This involves obtaining a legal separation. Although some states require a six months to one year separation before a divorce can be filed, some married couples do not seek a divorce, instead, they choose to live in separate homes while remaining marry. There are benefits to this approach. For starters, it allows room for possible reconciliation.

More than 46 million private wage and salary workers are currently covered by employer-provided retirement plans in the United States. For many of these Americans, retirement savings represent one of their most significant assets. For this reason, whether and how to divide a participant's interest in a retirement plan are often important considerations in separation, divorce, and other domestic relations proceedings. While the division of marital property generally is governed by state domestic relations law, any assignments of retirement interests must also comply with Federal law, namely the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code). Under ERISA and the Code, retirement interests may be assigned only if the judgment, decree, or order creating or recognizing a spouse's, former spouse's, child's, or other dependent's interest in an individual's retirement benefits constitutes a "qualified domestic relations order" or "QDRO."

Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.