When a couple experiences problems in their marriage, they may decide to separate rather than file for divorce. There are different types of separation that the spouses may choose from, depending upon what’s happening in their marriage, if there are children involved or if domestic abuse has been a factor.
Alternative to Divorce
Many people may choose to separate rather than end their marriage when they are experiencing difficulties. They may wish to seek counseling for their marital troubles or just need some time apart. If there has been a recent traumatic event, one partner may have started abusing drugs or alcohol and may need time to enter a treatment program. The various types of separation may give the couple time to work out their problems.
Trial Separation
Spouses may want to try separating for a short period of time temporarily to see if they really want to stay together or file for divorce. A trial separation is not legally recognized by the court, which means that neither spouse is entitled to receive alimony. If there are children involved, both parties must decide whom the children will live with during this time. Often, one spouse may choose to live with friends and return to the family home for visitation with the kids. Since the couple is not legally separated, both spouses may continue to use joint checking accounts and credit cards.
Legal Separation
Some people may be under the impression that once they split up and file for divorce that they are legally separated. Only the family court may grant the couple a legal separation. The petition must include how the property will be divided, how much spousal support will be paid and who gets custody and visitation of the children. Some states require a couple to separate for a period of one year before they can file for divorce. Once a legal separation has been granted, the parties are still considered to be married.
Living Apart
When the couple no longer resides under the same roof, they are considered living apart from one another. One spouse may need to take a job in a location far from the family home in order to make ends meet. They may have no intention of divorcing, but after being apart they may realize that their marriage is over.
Each state has different rules concerning property that is accumulated during this time. Some jurisdictions consider that any assets acquired while living apart will be viewed as separate property, thereby not eligible to be split if the couple divorces. Several states require couples to live apart for a specific length of time before than can formally file for divorce.
Permanent Separation
If the couple decides that there is no hope for reconciliation, they may wish to seek a permanent separation. This may follow a brief trial separation where the couple was unsuccessful during marriage counseling. Once they have filed for permanent separation, the court may consider all debts acquired during this time to be the responsibility of the party that incurred them. Any assets during this separation will be seen as separate property and will not be divided as joint property.
Legal Advice From a Family Law Attorney
Staying married can often prove difficult when unexpected events happen in life. Sometimes people get married too quickly before they’ve had a chance to get to know their partner. Couples often fight about money, kids, where to live, who will be the family breadwinner and may even disagree whether to own a cat or dog. While it may seem that there is no solution to their problems, a marriage counselor may help find answers. If both parties are committed to making the marriage work, they may choose to separate for awhile. Before making any major decision, they should seek legal advice from an experienced family law attorney who can review the case to see which options may best suit their needs.
