What is the relationship between the date of separation and legal separation in Louisville? Why would spouses seeking to end their marriage consider a legal separation instead of completing the divorce process?
Let’s take the second question first. Why would anyone considering the end of their marriage choose to go through a legal separation? The only basic difference between the process of a divorce and a legal separation is that the parties are still legally married to one another at the end of the process. In order to complete a legal separation all the same issues which are present in a divorce must be completed such as the division of marital property, child custody and visitation, maintenance and child support. So why go through it all and stay married at the end?
The most common reasons are serious illness and continuation of associated health insurance, religious or moral beliefs, or in some cases simply not being sure they are ready to bring the marriage to an end. A legal separation does not require the same residency periods as a divorce (six months in Kentucky and three months in the county in which the divorce is filed). It allows those who have recently moved into Kentucky to start the process of separation sooner and those who need or wish to continue medical coverage or follow their moral or religious beliefs to begin the process of separation.
So what is the relationship between the date of separation and legal separation cases in Louisville? The date of separation is an important legal distinction under Kentucky Family Code. The date of separation establishes two important facts in the case of a divorce or legal separation: the duration of the marriage, and the end of the “marital unit.” The duration of the marriage can be a very important issue, especially in cases involving maintenance and/or military benefits. The date of separation also establishes the end of the “marital unit” and the point where each former spouse may is able to retain earnings and acquire separate assets and debts going forward.
Learn more about the date of separation and legal separation and how the experienced divorce and family law attorneys at Dodd & Dodd can provide sound counsel and advice based upon your unique situation and goals. We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
