Separations – Do They Mean The End Of Marriage And Are A Prelude to Divorce?

separateThey say marriages are made in heaven. No one knows how long their marriage will last but once reached the breaking point, the couple decides to separate. Separation means that the married couple is simply living apart. The law does not require a married couple to live together.  A Legal separation is a court order that mandates the rights and duties of a couple while they are still married, but living apart. A legal separation isn’t a divorce. A benefit of a legal separation is that it is the last chance to save a marriage by revising spouses’ mistakes and coming to an agreement.

newSeparations can be of 4 types.

  1. Trial Separation includes a period of time during which spouses live apart to decide whether or not to continue the marriage. It doesn’t have any legal effect on property division and duties.
  2. Living Apart occurs when two spouses no longer live in the same residence, they are said to be living apart. This can also affect the property division.
  3. Permanent Separation is when a couple decides to split for good. Most states regard all property and debts acquired after permanent separation as a separate property. Exceptions include children and house payments.
  4. Legal Separation occurs when a couple splits up, files a separation paperwork and seeks a court issued judgment for division of property, child custody, support payments and visitation rights.

marriage separationIf you decided to separate an experienced lawyer will help you reach an agreement over care of the children, payment of the bills, support and others. Remember, each state has its own laws and procedures regarding legal separations in your state. Our lawyers will inform you about your legal options and rights. Come to Legal Bistro and find the best solution for your case!


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