Legal Separation - The Prequel to Divorce?
Many couples considering divorce try a legal separation first.
Some see it as a way to save the marriage.
Others see it as a convenient way to split without undergoing the expense associated with divorce.
In certain states, it's required before taking the final step.
But is legal separation right for you? It can if you are able to interact with your spouse constructively.
However, if your divorce is inevitable, a legal separation will seriously complicate it.
Make your legal separation official.
Do not enter into it informally or verbally.
Draw up an agreement or have one drawn up by a lawyer.
Forms are readily available from legal document sites on the Internet.
It's important to make the separation official because in some states you can be charged with desertion if children are involved.
You also want it recorded in the event there's a dispute over unpaid creditors or if you end up getting a divorce and need it to support your case.
The primary purpose for getting a legal separation is to give couples the space they need to evaluate their strained marriage.
Some states require it and refer to it as a "trial divorce.
" The hope is that "distance makes the heart grow fonder" and that the marriage can be saved.
Some couples reconcile.
Those who don't start the process of getting a divorce.
Before you get to this juncture, ask yourself the following questions: "Is my spouse able to work constructively with me in dissolving our marriage? "Are we cordial, respectful, and open to resolution?" "Is our current marital situation full of acrimony, accusations, and emotion?" If you answered "No" to any of the above, your attempt at legally separating will most likely end in failure.
You need to know with a high degree of certainty if your spouse is willing to work constructively with you.
This is an important point because you will be re-allocating assets (e.
g.
bank accounts, property, debt, and stocks, among other things) between yourselves.
Child custody will also be negotiated.
The upshot of dividing your life's assets cooperatively is that you'll save time and legal fees.
Plus a legal separation lets you technically avoid being divorced per se so you can keep your married status when you file your income taxes or purchase health and car insurance.
These benefits appeal to many couples.
But what happens if your wife breaks from you and files for divorce? It's here that a legal separation backfires on you.
The entire negotiation up until now has been transparent.
She knows exactly what you want and are willing to concede.
This will give her an insurmountable advantage in how your family and its assets are carved up if she decides to unilaterally file for divorce.
To legally separate or divorce: That's the million-dollar question, and it's best resolved by looking objectively at your spouse and your martial situation and asking, "Can I trust my spouse to work with me in a spirit of cooperation that will fairly, equally, and equitably reward both of us?
Some see it as a way to save the marriage.
Others see it as a convenient way to split without undergoing the expense associated with divorce.
In certain states, it's required before taking the final step.
But is legal separation right for you? It can if you are able to interact with your spouse constructively.
However, if your divorce is inevitable, a legal separation will seriously complicate it.
Make your legal separation official.
Do not enter into it informally or verbally.
Draw up an agreement or have one drawn up by a lawyer.
Forms are readily available from legal document sites on the Internet.
It's important to make the separation official because in some states you can be charged with desertion if children are involved.
You also want it recorded in the event there's a dispute over unpaid creditors or if you end up getting a divorce and need it to support your case.
The primary purpose for getting a legal separation is to give couples the space they need to evaluate their strained marriage.
Some states require it and refer to it as a "trial divorce.
" The hope is that "distance makes the heart grow fonder" and that the marriage can be saved.
Some couples reconcile.
Those who don't start the process of getting a divorce.
Before you get to this juncture, ask yourself the following questions: "Is my spouse able to work constructively with me in dissolving our marriage? "Are we cordial, respectful, and open to resolution?" "Is our current marital situation full of acrimony, accusations, and emotion?" If you answered "No" to any of the above, your attempt at legally separating will most likely end in failure.
You need to know with a high degree of certainty if your spouse is willing to work constructively with you.
This is an important point because you will be re-allocating assets (e.
g.
bank accounts, property, debt, and stocks, among other things) between yourselves.
Child custody will also be negotiated.
The upshot of dividing your life's assets cooperatively is that you'll save time and legal fees.
Plus a legal separation lets you technically avoid being divorced per se so you can keep your married status when you file your income taxes or purchase health and car insurance.
These benefits appeal to many couples.
But what happens if your wife breaks from you and files for divorce? It's here that a legal separation backfires on you.
The entire negotiation up until now has been transparent.
She knows exactly what you want and are willing to concede.
This will give her an insurmountable advantage in how your family and its assets are carved up if she decides to unilaterally file for divorce.
To legally separate or divorce: That's the million-dollar question, and it's best resolved by looking objectively at your spouse and your martial situation and asking, "Can I trust my spouse to work with me in a spirit of cooperation that will fairly, equally, and equitably reward both of us?