LEGAL ISSUES

Legal Issues

Legal Issues

Introduction

Marital issues are not only sensitive, but sometimes also get to serious positions where it becomes difficult to resolve or ignore then. Under such circumstances, it is better to seek legal advice and get the issues resolved in formal manner in order to avoid further complications and issues. The following paragraphs focus on the legal matters related to martial separation and family home protection issues with special reference to the case of Homer:

Answer number one

Homer's situation makes it clear that he is not interested in living with his wife anymore, and now that he is in another relationship, he wants to put a formal end to the relation. However, divorce is not only complicated, but also involves a number of issues that have to be addressed, including the matter relating to property and children. In order to avoid all such issues, a number of couples decide to opt for marital separation. The law of martial separation is different because it does not put an end to the marriage: instead, it allows both the partners to live separately while remaining married to each others. The period during which the partners live apart from each other, estranged, they have a court order that details and provides complete explanation of the rights, role and responsibilities of each partner.

It should be noted that the marital separation order by the court involves a number of issues and when partners choose to live separately, they have to make decisions regarding the division of their combined assets ands the debts as well. In addition, the custody of children, the child support issues and program and the schedule of visit by the parents is also addressed and highlighted by the court order. The spousal support program is also included in the same and thus it implies that all the issues of divorce process are addressed in the martial separation contract as well. Thus, the marital separation plays its part in providing the partners with time to make decisions until the final decision is made by them for the resolution of issues. In addition, the separation agreement also includes the plan for divorce and the procedure that is to be followed for moving on to the actual step.

In case of Homer, I would advise him to go for martial separation as he is already he has been living separately from his wife since two years and even before the separation, he was not at good terms with her. As they were sleeping separately and even did not talk to each other much, it is evident that they are meant to get separated, but the marital separation would make temporary division of the assets and would provide them with time to consider the issues all over again. This time would allow them to consider all the issues and decide how they want to go about the procedure. As Homer has entered another relation, the time would also allow him to make adjustments with the new partners ...