Tips for Filing Legal Marriage Separation

It is estimated that 1 in 2 marriages will end in divorce. While divorce is common among couples who can’t seem to get along, many are choosing another alternative. This involves obtaining a legal separation. Although some states require a six months to one year separation before a divorce can be filed, some married couples do not seek a divorce, instead, they choose to live in separate homes while remaining marry. There are benefits to this approach. For starters, it allows room for possible reconciliation.

What is a Legal Separation? When couples legally separate, there marriage is not dissolved. This only occurs when a divorce is final. Instead, the couple chooses to no longer reside as a married couple. Hence, finances, assets, and debts are divided among the two, and they can begin living separate lives. Moreover, couples also talk about and agree upon custody.

If a couple is seeking a divorce, and their state requires separation before divorce papers can be filed, the couple will need to draw separation papers with the court system. In addition to a trial separation, some states also require couples to attend marriage counseling or mediation. The goal is to keep people married. Hence, couples are encouraged to work out their differences.

Use an Attorney. The laws regarding a legal separation vary from state-to-state. To obtain a better understanding of the law, consider conducting research online. Some couples choose to separate without filing papers with the court. If both parties can amicable agree on the dividing of assets and custody of children, a lawyer may not be necessary. On the other hand, if a separation foreshadows a divorce, consulting an attorney early in the process has its advantages.

Take Advantage of Mediation. Instead of allowing the court system to divide your assets and determine custody issues, couples should work together and come to a decision regarding their own finances. Separations and divorce can become ugly. Yet, attempt to put aside your hurt, frustration, and anger. Be flexible and compromise. If couples cannot reach an agreement, the court will sort out assets and custody.

Is the Separation Permanent?�¯�¿�½ Couples separate for varying reasons. The most obvious is the inability to see eye-to-eye. Yet, some couples are able to maintain a good relationship, as long as they dwell in separate households. In this instance, it is common to see couples living in separate households or cities.

While undergoing marital counseling, some couples also select to live in separate homes. This maneuver can possibly help the individuals resolve problems quicker. Legal separation can be easily ended, and the couple can continue their marriage. On the other hand, once a divorce is final, the marriage is over. Instead of divorce, some people simply need a break.