When you are having problems with your spouse that you believe can't be rectified, you might be considering divorce. However, in some cases, it is separation that you are looking for. There are many reasons to choose separation over divorce, though divorce is always a possibility. It is best to consider both of these options before making your decision.
Trial Separation
Your first option is to choose a trial separation. This is not a legal type of separation, as no documents will be filed. It is essentially a verbal agreement between you and your spouse where you spend some time apart before deciding to call it quits or get back together. It is often a way to live apart while you seek counseling or go through the issues of your marriage on your own. If you have children, you will need to agree on temporary custody arrangements since you aren't involving the courts.
Legal Separation
You can get a legal separation instead of a trial separation, or you can choose this if you have tried the trial separation but now feel legal documents should be filed. The paperwork is the main difference here. You need to file for a legal separation with the courts, including information you have settled on about your housing and child custody situation. During a legal separation, you can't touch any community property you own together, including selling it or giving it away.
A benefit of legal separation is that during this time, any new property you purchase becomes solely yours. This is a benefit of legal separation over a trial separation. This can be anything from a home to a car. The benefit of legal separation over divorce is that you still have some time to decide if you want to work on your marriage.
Divorce
A divorce, or dissolution of marriage, is sometimes considered before separation. However, some couples find that they want to try separation first before leading to divorce. Keep in mind that just because you have filed for divorce doesn't mean you can't back out if you change your mind. You can cancel divorce proceedings in most cases. In some relationships, divorce is the only option because your issues are so severe that you see no alternatives. There might also be other influences, such as domestic violence in the marriage, a spouse moving far away for their job, or issues with infidelity and other trust issues.
Talk to a divorce or family law attorney, such as those at Aaron Law Offices PLLC, when you want a divorce or are still weighing your options.
Share12 August 2015
Family attorneys are hired to help families through all sorts of things. Everything from divorce, child custody and adoption can be handled by a family attorney. If you are planning to adopt a child, you will need an attorney to help ensure that everything goes well. There are so many documents that need to filed, inspections to be performed and approvals to receive. This blog will cover all different kinds of cases and situations that a family attorney may be able to help your family with. Everything from the good to the bad will be discussed right here on my blog.
