Legal Separation In Nh

When a couple is considering divorce, they sometimes choose to legally separate instead. A legal separation is basically the same as a divorce only the two parties are not free to re-marry.The spouse initiating the separation lives in New Hampshire and their partner can be served in New Hampshire.

People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate

The main reasons for divorce or separation agreements to be set aside include duress, coercion, unconscionability, mistake and lack of complete financial disclosure. These are mistakes that are often made when there has been no independent legal advice.

Since couples who separate are still legally married, they still enjoy the many benefits of marriage. Separated spouses are still entitled to participate in family health insurance plans, receive spousal retirement benefits, and take advantage of income tax benefits by filing a joint return.

Separation simply means living apart. You do not need to file court papers to separate and the law does not require you to live with your spouse.Legal Separation is a major change in the status of your marriage. To get a legal separation in states that recognize this status, you must file a petition in the court.

Separation can be damaging to a marriage if one partner has no intention of reconciliation, but is leading the other partner on. Some partners may also feel anxious about how the divorce process will be handled or may not even want to ask for a divorce.

If you're having serious problems with your spouse, a divorce might seem like the only way to split off and protect your finances. However, a legal separation may offer the same protection as a divorce and in some cases works out better.

Legal separation lets spouses live apart and awards net profits to the spouse without fault. Subject to court discretion on the best interests of the child, the custody of the minor children will be awarded to the innocent spouse.