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You May Need an Attorney and Not Even Know It

People take legal matters into their own hands every day, and sometimes they lose money and property in the process. You can make a legally binding contract without using an attorney, but you are risking missing some big legal loopholes and laws you may not be familiar with that can not only make your contract invalid but can actually cost you in the end. When you are selling or purchasing real estate, tackling the creation of a will or even just loaning money to a friend, a consultation with an attorney can be a positive step. I'll show you when and why you need an attorney.



You May Need an Attorney and Not Even Know It

Informal Vs. Legal Separation: 3 Things You Should Consider

by Barry Butler

Making your marriage work can be difficult, which is why approximately 40% to 50% of marriages end in divorce. If you are struggling in your marriage, you may want to consider separating for a while. This will give you time to think about things and decide what you want to do. If you decide to do this, you have two main options. You could either have an informal separation, or you could go through with a legal separation, and here are three things to consider as you decide which to choose.

Can You Agree?

An informal separation is one that does not involve lawyers or the court system. It is an agreement that you and your spouse make together, and it involves making decisions such as:

  • Who will move out?
  • Where will the spouse move to?
  • Who will pay the bills, and which will each pay?
  • Where will the kids stay?
  • How will the visitation work?
  • Will one spouse pay support to the other?

A legal separation is one that goes through the court system, and it is designed to answer the same questions. The difference is that there are documents that state all the obligations, responsibilities, and agreements of the arrangement.

As you're considering which to use, think about whether or not you and your spouse will be able to agree on these things. If you can easily agree, and if you have the same views on these issues, it might be possible for you to have a separation without going through the court. If you cannot agree, choosing a legal separation will probably be the better route to take.

Will Your Spouse Follow Arrangements?

The second thing you must consider is whether your spouse will stick with the arrangements of the separation. If you come up with a plan together and choose not to use a legal separation, will your spouse follow through?

If you believe that your spouse is trustworthy and will stick to the agreements you made, an informal separation could be sufficient. On the other hand, if your spouse is not reliable, you may want to think twice about this.

If you do not have a legal separation, it will be extremely hard for you to enforce the arrangements you have with him or her. This could end up in a constant battle that you could possibly prevent by choosing a legal separation.

Is Your Situation Complicated?

The final thing to look into is your situation. Is it a fairly basic relationship, or are there things involved that make it complicated? For example, if you and your spouse have a business together, this could be considered a complicated situation. It could be hard to work together during a separation and problems could occur.

Another complicated situation could involve some type of abuse. If you are dealing with a spouse that physically or emotionally abuses you, getting a legal separation might be the only way you can get away from the abuse. Along with the separation, you may want to file for a restraining order, which is designed to keep one person away from another.

If you are not sure which option to choose, you should visit a family lawyer that specializes in divorce and legal separation. By sitting down with an attorney, you will have the opportunity to ask questions and learn more about the steps involved with separation and divorce.

There may be times when a marriage is over and separation is not even considered. If this is case, you can skip the legal separation and file for divorce instead. A family lawyer can help you with either of these things, and you can call for an appointment today.

Go to sites about family law for more detailed information.