What are my legal rights should I separate from my spouse or partner?
These vary by your jurisdiction, but common rights will include property rights, child rights, spousal support and visitation. Do I file for separation to the court of law?
Depends on what place you come from, although some places make you file formal separation agreement or some court petition regarding legal separation and in other instances, separation simply requires living apart.
What happens to shared property during separation?
The division of property can be a contentious issue. Generally, marital property may be divided equitably (but not necessarily equally) depending on the laws of the jurisdiction.
Do I have the right to stay in the marital home during separation?
This depends on local laws and your individual situation. Often, one spouse is allowed to stay in the marital home, and the other spouse moves out, especially in cases where there are children.
How is child custody determined when a couple is separating?
Custody arrangements must be agreed on by both parents or through a court order. The best interest of the child is usually what matters most in these decisions.
Read Also:
- https://lawstrategix.com/10-questions-about-child-custody-agreements-simplified/
- https://lawstrategix.com/6-frequently-asked-questions-about-alimony-explained/
- https://lawstrategix.com/20-key-questions-on-family-mediation-services-answered/
Am I allowed financial assistance from my spouse when separating?
You will probably have access to spousal support, or spousal maintenance when separated. Generally, one partner makes a substantially greater income compared to the other partner.
Can I have all shared debts allocated?
Shared debt is generally like shared property. The debt could be split equally depending on applicable law or if specified in your separation agreement as to the splitting of debt taken on during your marriage.
Can I date or enter into a new relationship during separation?
Generally, the law does not prohibit the dating or new relationship during the separation, although it may be relevant in a divorce proceeding related to custody or support.
