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Franklin & Brentwood Divorce & Family Attorneys > Franklin Legal Separation Attorney

Franklin Legal Separation Attorney

When you and your spouse are having marital issues and want to live separate lives, you have two options: divorce and legal separation. Many people know about divorce, but what is legal separation? It allows you to stay married to your spouse, but you live separate lives.

Legal separation, however, is more than just living apart. Make sure you understand the process. The Franklin legal separation attorneys of Beal, Nations & Crutcher can guide you through the process.

Difference Between Legal Separation and Divorce

When it comes to legal separation and divorce, the processes involved are actually quite similar. In both cases, you’ll need to handle all the issues you would in a divorce, such as alimony, child custody, and child support. You’ll also need to split up assets and debts.

However, the main difference is that with a divorce, the process comes to an end and the marriage is terminated. You are no longer married and you are free to marry other people or become romantically involved with others.

With legal separation, on the other hand, you go through the same process but you still end up married in the end. You live a life separate from each other and you cannot get remarried.

Benefits of Legal Separation

Why would a couple go through all the legal drama just to stay married in the end? Legal separation is a less permanent option than divorce, so if you’re not sure if you want a divorce, you can try a separation. This allows you and your spouse to work on your marriage or go through with a divorce.

Here are some other reasons why a legal separation is beneficial:

  • For religious purposes
  • For tax purposes
  • Protect financial interests
  • To retain military benefits
  • To keep health insurance and other benefits
  • To maintain a stable family life for the children

Starting the Process

For a legal separation, you need to either show that you and your spouse have suffered irreconcilable differences (your relationship is damaged beyond repair) or that you have lived separate and apart for at least two years.

Before the court can begin your case, you must go through a waiting period. Tennessee requires you to wait 60 days if you don’t have minor children or 90 days if you do. This cooling off period is meant to allow you to work with the other spouse to negotiate the terms of your separation. This means dividing assets and debts and determining the best parenting plan for the family. The court will resolve any unresolved disputes after the waiting period expires.

Contact Us Today

Whether you want to separate or divorce, a legal process is involved. Both involve a lot of elements that can be tricky to resolve.

Get an experienced divorce lawyer on your side. The law firm of Beal, Nations & Crutcher can guide you through the process and help you make the right decisions. Schedule a consultation by calling our office at (615) 861-2304.

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