Should my spouse and I try a separation before deciding to divorce?

Whether you and your spouse try a trial separation before deciding to divorce depends on if either one of you are interested in saving the marriage. A divorce is the legal process a married couple takes to permanently end their marriage. However, before doing that married couples, like you, can decide to live separately. Generally, a trial separation is when the couple lives apart for a short time. The purpose of a trial separation is to see if your marriage can survive or it can’t be saved. During a trial separation, you or your spouse may move out of the family home while both of you attend couples counseling. A trial separation is not legally binding and the debts and assets incurred during this time are considered marital property.

After a trial separation is over, you and your spouse have additional options. For instance, you can continue with the separation. If you do, you have two choices. A permanent separation--which is not legally binding--but allows you to continue to live apart. Or you can choose a legal separation. This is a legal process where the child support, child custody, property, and alimony is decided, but a divorce isn’t granted.

Separation and divorce are extremely complex. Thus, it’s best for you and your spouse to speak with lawyers separately to find out the best option to take. Also, a lawyer who specializes in divorce will explain the advantages and disadvantages of separating or divorcing.