Burnsville Legal Separation Attorney
An Alternative to Divorce for Clients in Minnesota
When individuals are not quite ready for divorce, they can opt for legal separation instead. Legal separation grants them the same legal protections that divorce offers and allows the parties to divide their debts and assets, divide their property, make custody and child support arrangements, and even establish spousal maintenance.
Property that is obtained after a legal separation is not considered marital property and each party is also responsible for the debts that they incur after the separation. If the separation leads to divorce, those debts and those assets are considered non-marital. Anything acquired during the marriage is considered marital and may be divided accordingly. Overall, the cost of a legal separation is the same as a divorce and takes the same amount of time.
If you are considering a legal separation, you will want to work with a trusted family lawyer. At Burns Law Office, our Burnsville legal separation attorney can help you navigate the process with ease. We serve clients throughout the Minneapolis metro area and across Minnesota.
Legal Separation vs. Separation
A regular separation is when the parties simply decide to live separately without any court involvement. They are still legally married, but they maintain separate households and they have reached a custody agreement on their own. Couples tend to do this before deciding on divorce. In the end, some couples get back together while some continue toward divorce.
Legal separation is chosen by individuals who do not want to be divorced for religious or other reasons. It can sometimes be used when one spouse needs to remain on the other party’s insurance plan. However, some individuals start the legal separation process and end it with a divorce.
Legal Separation Agreement
If you decide you want to proceed with legal separation, your spouse may not agree. The usual response is a divorce action if the spouse does not agree with the separation. The divorce will take precedence over the separation, so the court will grant the divorce rather than the separation.
Fortunately, there are some benefits to legal separation. For one, the parties can maintain some of the benefits of being married by avoiding divorce. Those who do not believe in divorce are also able to stay true to their values. The downfall, however, is that the couple does not have the finality of divorce.
Contact Burns Law Office Today
If you wish to establish a legal separation rather than a divorce, you will need to consult with a trusted Burnsville legal separation attorney. We can keep you informed of your rights and options every step of the way.
Call (952) 260-6376 for a free consultation.
“We would not hesitate to recommend him to any of our friends and family.”- Kelly M. & Thomas Z.
“Since he only does family law he has done a lot of divorces so nothing in my case was new to him. John is very professional!”- Matt
“They all seemed to know Mr. Burns well and they respected him and trusted him which meant that they trusted what I had to say too.”- Robert