3 Types Of Marital Separations

The challenges of being married are many and frequently lead to divorce. However, before you can have a divorce finalized, you must go through a separation period. The specifics of the separation may vary from state to state, and you should discuss this with your divorce attorney. However, knowing the various types of separations which married couples may consider can help you during this time.

Type #1: Trial separation

If you aren't certain whether you want to end the marriage, you may want to consider a trial separation.  This is when you and your spouse will live apart for a period to see if you want to stay married or to ultimately separate. However, the assets that the spouses own are still considered jointly owned during this type of separation.

Type #2: Permanent separation

When both of the spouses have decided the marriage is over, a permanent separation is normally selected. It's not uncommon for this to occur after the spouses have gone through a trial period of being separated. Once this type of separation begins, it is common for most states to recognize the assets and debts of each spouse to be the responsibility of each person. It's a good idea to have written documentation of the official date this occurred and have it notarized, as well.

Type#3: Legal separation

If you and your spouse have decided to end your marriage, you will want to have a legal separation put into place. This should be completed by your divorce attorney, and listed below are things that it should state:

  1. Division of property – The way in which all of the assets that are jointly owned by the couple should be listed.
  2. Financial support – If any alimony or child support should be paid, these terms should be included in this agreement.
  3. Visitation – If children are involved, there will be specific hours set that each parent will see the child.

The court in the jurisdiction where the couple lives will determine the specific details of the items that are listed above. However, the divorce will not be finalized until the spouses have been legally separated for the amount of time that is necessary for the state where the couple resides.

It's ideal to be informed about the various types of separations in case your marriage is nearing its end. Be sure to rely on the expertise of a divorce attorney like Abom & Kutulakis LLP to assist you at this time.