Every marriage can run into a rough spot now and again. But, if your marriage has really run into troubled waters of late, you may be considering legal separation or even divorce. The differences between marital separation and divorce are not always well-understood by the layperson.
Here are answers to 5 frequently-asked questions about marital separation:
1. What is Marital Separation?
Marital separation, or legal separation, involves a legal agreement between the members of a married couple to live apart from an indefinite period of time. The separation agreement involves a court order that outlines what is expected - and can be expected by - both husband and wife during the time of separation.
During separation, the couple choose to lead separate lives. The separation agreement spells out provisions for the mutual use of their assets, child custody arrangements, child support, child visitation, and any monetary support one spouse may give the other.
2. Is Marital Separation a Legal Status?
Yes, if it is done properly. Of course, a married couple can just choose to live apart from each other without going through legal channels. But, in this case, this is not considered a legal separation.
On the other hand, legal separation involves actual, bona fide legal documents outlining the details of the separation. They are binding in court and must be agreed to, and (if the time comes) nullified by both parties.
3. How is Marital Separation Different than Divorce?
In many ways, marital separation and divorce are very similar to each other. However, they are not the same thing. During separation, the couple is still considered to be legally married.
However, a separation can be advantageous for a number of reasons. It gives the couple the chance to try living apart. It also retains the legal status of marriage, which can be significant to retain certain medical, insurance benefits and social security benefits. Separation can also be preferable to divorce for religious reasons.
4. How Will It Affect My Kids?
Separation affects kids in a marriage in ways similar to that of divorce. Children will obviously be very aware of the separation agreement. The knowledge that the two of you no longer live together and that you lead separate lives can be hard on them. The best way to minimize negative feelings on the part of the children is to give them access to both spouses (if this is desirable/desired) and to ensure the kids that the separation is not their fault. And of course, there is a better chance of reconciliation than in the case of a divorce.
5. How Can I End It?
A separation can be nullified in court if the couple wants to get back together. Or, it can be converted into a divorce settlement agreement if that is the way the couple chooses to handle the situation.
Marital separation can provide a viable alternative to getting a divorce. For some couples, it is a desirable middle-ground between staying in an uncomfortable marital situation and jumping right to the decision to get a divorce.
Other Articles of Everett Maclachlan
The moment you allow your business to start accepting credit cards as a form of payment is the moment you open up a new world of payment possibilities Giving your customers more ways to pay for the goods and services you offer means creating for yourself more revenue-earning potential
(Jan 17, 2012)
The use of credit cards to make purchases has become a fact of life for individuals and businesses everywhere In fact, over $2
(Jan 17, 2012)
Traveling is one of the true luxuries of life Whether for business or for pleasure, the ability to cross great distances by sea, air, or rail with ease is something that our ancestors could only dream of
(Jan 17, 2012)
A past love, an ex-wife, a previous girlfriend, an old flame: these are just some of the terms that men use to describe that special girl that got away If you are one of those guys, you probably are already aware that you were part of the reason she left
(Jan 09, 2012)
Flabby arms The arms are a place where both men and women can tend to build up unsightly fat deposits, especially the back of the arms
(Dec 30, 2011)
Building more muscle is smart for a lot of reasons First, it just looks good to have a well-muscled, toned body
(Dec 30, 2011)
As the name implies, home improvement loans are special loans that banks and other lenders extend to homeowners for the purposes of making improvements on a home Improvements that are allowed can fall into any number of categories, including indoor and outdoor improvements
(Dec 29, 2011)
There are times in a person's life when their cash flow gets tighter than it had been before, either due to reduced income opportunities, increased expenses or both At other times, cash flow is fine but there arises the need to meet upcoming irregular expenses head-on, such as medical bills, a wedding, or home improvements
(Dec 29, 2011)
Consult any local ordinance, state law, book of morals and ethics, or ancient religious text on the issue of faithfulness in marriage All of them will tell you the same thing: being faithful is highly-valued and expected, while being unfaithful is at best unfavorable and at worst a sin
(Dec 27, 2011)
When you find out that your spouse has been cheating on you, it is one of the most disheartening feelings a person can experience It is especially devastating when you learn that your spouse has actually been cheating with multiple persons - or with the same person over a period of time
(Dec 27, 2011)
