Family Law

Heidi Montag and Spencer Pratt?s Divorce Alternative: Legal Seperation

By ckramer

Reality TV mainstay Heidi Montag filed for a legal separation from her husband Spencer Pratt in Santa Monica on June 8. Montag cited irreconcilable difference in her court documents requesting a separation, according to People.com.

What is a legal separation?
A legal separation does not put an end to the marriage. A legal separation will help settle many of the issues that would be brought up during a divorce, including division of assets and debt, child custody and support, visitation and spousal support.

There are several benefits to a legal separation. It allows the couples time apart to determine if a divorce is really what they want. A legal separation will often still allow for the retention of certain benefits, including medical, which a divorce would end. It can also allow for both parties to take advantage of certain social security benefits. Also, if a divorce does eventually occur, often times the transition from a legal separation to a divorce can be much easier than going from a standard marriage to divorce.

Legal separation is going to be different in each state and it is important to know and understand what is available to you in your jurisdiction before you make any decision.
Montag says she has moved out of her house with Pratt and was quoted as saying, ?There are so many lies out there about me and I just needed space?even away from my husband? and that she needed ?to concentrate on myself.?

Interestingly, Montag is moving in with a fellow reality star Jen Bunney and the two will be filming a new show.

Thus far, there is little explanation about what the ultimate fate of Pratt and Montag will be. Of all the advantages to a legal separation, we can only speculate as to what was the driving motive for this separation. However, Montag and Pratt?s former Hills co-stars think that this is a media-ploy, adding a new dimension to this story. It will be interesting to watch and learn the real motives behind the legal separation.

Audrina Patridge was quoted as saying that she thinks the break up is a “joke” and that that she doesn?t believe it because “they?re inseparable and in love.”

Whether or not Pratt and Montag are on the verge of a divorce, taking time to mend their relationship, or making a ploy for media attention, we can be certain that their legal separation will help the public become more aware of legal separation as a tool for either helping a struggling relationship or help a failing relationship transition into a divorce.

Full post as published by The Divorce Blog on June 17, 2010 (boomark / email).