ALC is a Coeur d'Alene Based Law Firm, Handling Probate, Family Law, Bankruptcy, Personal Injury and Civil Litigation Matters

Legal Separation

Coeur d’Alene Lawyer Specializing in Legal Separation and Divorce

Serving Coeur d’Alene & Kootenai County areas, including Hayden ▪ Post Falls

Legal separation, as opposed to a divorce, is not a common family law procedure in today’s society. However, there are situations when it may be the best solution for spouses who have decided to live separate lives.

Customized Family Law Solutions for Each Unique Situation

At the Advocacy Law Center, PLLC, in Coeur d’Alene county we are prepared to customize a solution to meet the needs of each client, in whatever unique circumstances he or she faces. Contact us to schedule a free phone consultation with our lawyer who handles legal separation.

Reasons to pursue a legal separation may include the following:

  • Religious beliefs make divorce unthinkable.
  • The separated spouses have no intention of remarrying someone else, and one needs to stay on the other’s health insurance.
  • Despite the fact that the spouses are going their separate ways, they want to retain survivor rights for each other.
  • Spouses have decided to initiate a trial separation when they are unsure whether they will divorce.
  • Spouses want to leave open the possibility of eventual reconciliation.
  • Spouses are not ready for a full-scale divorce, but want to be protected from liability for each other’s debts or other obligations such as personal injury lawsuits or business losses.
  • Spouses want or need to have finances completely separate for any reason. (A postnuptial agreement may be worth considering in this case.)

A Legal Separation May Be as Complex as a Divorce

Keep in mind that settlement and formalization of a legal separation may be as costly and complex as a divorce. Assets will need to be fully disclosed, and child custody, child support and/or spousal support need to be determined just as if there were a divorce. And if a couple later completes a divorce, some repetition of efforts may be required, since circumstances will likely have changed by that time, and new areas of conflict may arise.

Other Matters to Consider

Whether a couple whose marriage is on the rocks opts for a trial separation, a legal separation or a divorce, it is important to keep estate planning documents up to date, including wills, powers of attorney and health care directives.

If you are considering a legal separation due to special circumstances such as if your spouse suffers from dementia or is in prison, talk it over with attorney J. Kelso Lindsay. Other legal solutions may be more suitable to your situation.

Discuss any unique legal issues that pertain to your marriage, such as annulment or bankruptcy, with an experienced, attentive Idaho family law attorney. Contact the Advocacy Law Center, PLLC.

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