Permanent separation is just one of several types of separation couples who are contemplating divorce often decide to try. Separation can either give the partners space to work on issues, or it can be a helpful step toward divorce.
Permanent Separation
You may be wondering what to expect if you are talking about permanent separation with your spouse. While each relationship and marital issues are unique, here are some things you should know if you are contemplating permanent separation from your spouse:
- Permanent separation generally means that spouses are living separately, in contemplation of divorce. They have two separate households and live their lives apart.
- Depending on your state's law, living separately does not necessarily have a legal impact on your assets unless formal papers are filed. Consult an attorney to make sure you protect your assets during separation.
- In some states, assets and debts are the responsibility of only the party who incurred them. In other states, they are the responsibility of both parties until divorce has been finalized.
- Debts incurred for maintaining jointly held property and support children from the marriage during permanent separation are considered joint debts by most states.
- This process is often used to facilitate the division of assets and other issues you will face if you divorce.
Other Options
If you are contemplating getting separated from your spouse, you may want to consider a few other options that are available, depending on your circumstances.
- Trial Separation: a temporary type of separation from your spouse. This is often a time during which couples will work with a counselor to decide if they can go on with married life, or whether it is time to end the relationship.
- Living Separately: some couples chose to live separately for a certain time to either move toward divorce or work on repairing damage that may have occurred in the relationship.
- Legal Separation: a court makes decisions about division of property and assets, child rearing and support and other marital division issues, but the court does not issue a divorce. This is similar to a divorce because the separation is recognized by law, but you remain legally married.
Getting Legal Help
If you are facing divorce or permanent separation from your spouse, contact a family law attorney who will help you sort out the legal questions you have. When it comes to handling the restructuring of households and finances, you will be protected and better equipped with an attorney on your side.
