How do you legally get married
A Separation Agreement is a legal document used by married couples who want to part ways and live in different residences, but remain legally married. While it may seem odd for a married couple to separate and yet stay married, there are a number of situations where this type of arrangement can be beneficial for both parties.
For example:. You may believe that you and your spouse could reconcile after a period of separation. There may be tax advantages available if you remain married to your spouse.
There are also cases where a married couple may not want to divorce due to religious beliefs, but find they are no longer able to live together as a couple. Any couple can choose to informally separate while staying married without any legal arrangement. In this case, using a Separation Agreement can help the spouses to negotiate the terms of the separation, including items like spousal support, child custody and visitation, child support payments, and shared ownership of property like homes and vehicles.
In this situation, a Separation Agreement would be helpful, but would typically not be recognized as a formal legal agreement.
Ready to separate your assets? Start My Separation Agreement. What Is a Petition for Separation? If a couple wants to have their separation legally recognized, one or both of them must file a petition for legal separation. A petition for separation is a legal document that one or both spouses file with a clerk at the relevant state county courthouse.
The petition is essentially an application for a legally recognized separation, and is processed in a similar manner to a petition for divorce. In some states, both spouses can file the petition for separation together. Otherwise, one of the spouses files the petition, and the other spouse gets served papers informing them of the petition and summoning them to a scheduled court hearing.
The form used for a petition for separation typically allows for the attachment of a Separation Agreement. This option gives couples the opportunity to provide the desired framework for their separation. It also shows the court the level of negotiation and compromise you and your spouse have shown during the breakup. When Does Separation Become Legal? Obtaining a marriage license and, subsequently, a marriage certificate is a multistep process. A marriage license is a legal document obtained by a couple prior to marriage.
Once the license is signed during or after your ceremony and returned by an officiant to the county, a marriage certificate is issued. What's the difference between a marriage license and a marriage certificate? A marriage license is what you get first, and it's basically an application to be married. Once you have filled it out, had your ceremony, gotten it signed, and your officiant has turned it back into the county, then you receive a marriage certificate.
Bruce Hanes, Esq. Meet the Expert. Here's everything you need to do, step-by-step, to get and complete your marriage license and marriage certificate. Before you can apply for a marriage license, you need to know where and when you'll be getting married. Because you typically have to file your marriage license application in the county in which you'll be getting married. Furthermore, marriage licenses expire. Some, for example, expire after 90 days.
If you're planning your wedding one year in advance of the date, then you have to wait to apply for the marriage license until you're within the deadline. Otherwise, you'll end up having to apply all over again, which is the last thing a couple wants to do when they're busy wedding planning.
On the other hand, you can't wait until the very last minute either. According to Hanes, "There's typically a few day waiting period from filing to getting your license. Is this page useful? Maybe Yes this page is useful No this page is not useful.
Thank you for your feedback. Report a problem with this page. What were you doing? What went wrong? Marriage Rights and Benefits Once you're married, you'll receive numerous rights and benefits. Marriage rights and benefits fall into the following categories: tax benefits, when you file jointly with your spouse estate planning benefits, including inheritance rights government benefits, including receiving Social Security, Medicare, and disability benefits for your spouse employment benefits, such as obtaining health insurance through your spouse's employer and the right to take medical leave to care for a spouse who becomes ill decision-making benefits, including the right to make medical decisions if your spouse is incapacitated financial support, including equitable property division in a divorce consumer benefits, such as family rates for health, homeowners', auto, and other types of insurance.
Financial Responsibilities of Marriage You will take on certain responsibilities when you get married. The responsibilities vary from state to state, but commonly include the following: financial support of the children of the marriage liability for certain kinds of family expenses sharing income and property acquired during the marriage, and financial responsibility for your spouse in the case of a divorce.
After the Wedding After you've tied the knot, you are legally joined to your spouse. All of the following are optional, however: Changing your name legally. Adding your spouse to your health insurance policy. Adding your spouse as your beneficiary on bank accounts, retirement plans, securities, and life insurance policies. For more information, see How to Avoid Probate. Updating your estate planning documents: will, trusts, powers of attorney, and living wills.
Adopting your spouse's children. For more information, see Stepparent Adoptions. Want to Learn More? Find a Lawyer Start here to find family and divorce lawyers near you. Practice Area Please select Zip Code.
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