Separation between spouses is not the same as a divorce and there are actually different types of separation. You and your spouse are still considered married until you get divorced and all the same legal rules of marriage apply to couples who are separated.
Sometimes a divorce may not be in the best interest of the couple due to timing, children, and financial reasons. Divorce is stress and especially for young children, it can really cause problems depending on how young they are. Divorce may also be difficult if the couple cannot financially afford to support themselves during the process. If you are considering a separation, there are three types of separation to consider:
- Trial Separation: This is where you and your spouse test the separation. The same legal rules apply as being married but you are taking a break from the relationship. This works when both spouses are considering reconciliation. Depending on how long the trial separation will be, you and your spouse might want to write an informal agreement to decide things like, sharing the bank account or credit cards, cancelling joint accounts or not, etc.
- Permanent Separation: This separation is when one or both spouses have no intent to reconcile. This type of separation can be tricky if you and your spouse do decide to divorce and there was no informal agreement in place.
- Legal Separation: If you and your spouse decide to be legally separated, it is a different legal status from being divorced or married. In a legal separation, you are no longer married, but you are not divorced either, and you cannot remarry. However, the court order granting the legal separation includes property division, alimony, and child custody and support, just as a divorce would.
Contact Thorsteinson Law Group to help you with your separation or divorce. We provide complimentary consultations, and are dedicated to helping you through the divorce process.