The 3 Types of Separation Before Divorce
Personal Injury Lawyer
Before couples divorce, they often go through a period of separation. Separation can be a break or it can be a permanent or legal separation. Often, couples will choose to separate as they try to figure out whether the marriage is worth reconciling. Everyone’s circumstances are different when it comes to breaking up or separating.
Even if you are unsure about getting a divorce, it can always help to talk to a family lawyer about your separation. There are a few different types of separation that you and your spouse may go through. Here are three types of separation.
What Is Trial Separation?
A trial separation may turn out to be little more than a break. Trial separation is when you still maintain a legal marriage, but may live separately. Your property still belongs to the two of you. During a trial separation, you will have to set ground rules for you and your spouse. You need to decide how to budget the money, who will have access to the accounts and who will stay in the family home. If you have children, you also have to decide on a schedule for visitation.
What Is Permanent Separation?
Permanent separation occurs when you decide that you will not reconcile. In some states, a permanent separation can affect your property rights. At this point, you will no longer be entitled to your spouse’s income. Your separation date can impact your divorce. For instance, when you’re going through a divorce, you will need the separation date to determine marital property.
What Is Legal Separation?
Legal separation is not recognized in all states. Delaware, Florida, Georgia, Mississippi, Pennsylvania and Texas are states that do not recognize legal separation.
For states that do recognize legal separation, this is not the same as a legal divorce but it has many of the same advantages of a divorce. Unlike divorce, you are still legally married to your spouse. This means that you cannot marry another person.
A legal separation does allow you to split your assets, to demand alimony, child custody and child support. Often, couples will choose to legally separate instead of a divorce to maintain health insurance for both partners.
How you decide to separate from your spouse depends on your circumstance. Whether you are considering a separation or divorce, it helps to talk to a lawyer. Set up a consultation as soon as possible with a family lawyer, like a family lawyer from Pioletti, Pioletti & Nichols.