Reasons to approach an immigration expert or a Separation Attorney Indianapolis

A legal separation is a court decree that mandates the duties and liabilities of a couple when they maintain separate residences but are still married.

This is unlike a divorce where the married couples are no longer in the matrimonial framework. The major reason that couples opt for Separation Attorney Indianapolis is that they wish to sort personal and financial issues affecting the marriage. If you are stuck between the dilemma as to which one is the best for you then here is a clear demarcation between the two.

Difference between Legal separation vs Divorce decree

There are key differences between the above two terms. Although, in separation, you remain married to your spouse and can still pursue the Immigration Indianapolis (if your spouse agrees to support you through the process).

On the other hand, the following differences may arise –

  • Healthcare and associated benefits – 

The major issues that force couples to opt for Separation Attorney Indianapolis are because they are no longer having comparability between themselves and their spouse. Therefore, separation is an excellent choice to sort personal and financial issues affecting the marriage.

Apart from the above, going through a separation process allows you to retain healthcare and similar social security benefits that can terminate completely post-divorce.

  • Marital status

Despite the legal separation, you can retain your marital status. This means neither you nor your spouse can marry anybody else.

Since due to separation, you remain married to your spouse, it can prove to be extremely beneficial for you especially if you are an international citizen married to a US citizen. This means that you can still pursue the Immigration Indianapolis -if your spouse agrees to support you through the process. Thus, you need to sustain good relations with your spouse.

However, if your spouse has been previously charged with assault or domestic violence then you can forgo this step and file a separate petition seeking residential status in the nation on these grounds.

  • Decision making

Spouses who separate are still considered as next of kin and can make medical or financial decisions. However, divorced spouses cannot get this advantage.

In the case of debt and liabilities, separated spouses may still be liable for the debt for another – unless specifically stated in the separation agreement. In the case of divorce, the situation is handled in an entirely different way. The court may even order an enquiry into the process.

  • Property rights 

Legal separation helps to uphold the rights of each spouse and their right to property and its benefits. This can even be extended in the instance of the death of the other spouse.

In both instances, the court decision on matters is important – 

  • Separation maintenance agreement
  • Alimony
  • Child custody
  • Child support
  • Division of property

Types of separation – 

Separation can be of two types –

  • Trial separation – Couple maintain separate residences and there exists no legal agreement to the separation

  • Permanent separation- This may include legal orders for maintaining financial and economic aids. Here couple may further proceed to divorce

Comments are closed