Dissolving a Putative Marriage

A putative marriage is a marriage where one or both parties did not realize that their marriage was not legal until they began the process of seeking a marital dissolution. In some states, the innocent spouse or putative spouse is entitled to property rights and support as they would in a legally valid marraige.

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The Advantages of Legal Separation

Legal separation has many benefits and advantages, including financial and insurance benefits, and providing parameters for co-parenting, child support, and spousal support while maintaining the status of being married.

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What is a separation?

Separation occurs when a couple who is married decides that they want to try living apart. Separation is often, but not always, a precursor to divorce. However, separation can also have different meanings in different states. Some states recognize the concept of a ‘legal separation,’ and such a formal arrangement can expedite the process of divorce. Others do not recognize a state known as ‘legal separation’ but may still enforce a separation agreement if the couple draws one up.

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