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.
Author Resource:-
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