When a couple chooses to “separate” rather than divorce, they
have options as to what they would like their separation to look like,
including a permanent separation.
You may choose to separate as a means of testing whether separation is
preferable to divorce during a trial separation. During separation, the
assets and debts the couple acquires will still be considered marital
property. While not technically legally recognized, a trial separation
can help couples decide if an official separation is a viable option.
You may be able to change your property rights if you decide to live apart.
In some states, you can be required to live apart for a certain period
of time before being able to file for a no-fault divorce.
A permanent separation can follow a trial separation or as soon as the
couple begins living apart. Typically all assets and debts acquired during
a permanent separation are the separate responsibility of each spouse,
except for certain debts incurred related to child care or maintaining
the marital home.
A legal separation comes about with a court ruling on how the property
is to be divided, and how to assign alimony, child support and custody,
and child visitation. The court will not grant a divorce, however. This
is a permanent separation which is recognized and regulated by the court,
while the couple technically remains married, often for religious, financial,
or personal reasons.
If you are unsure whether to pursue a permanent separation or divorce,
speak with Martin Sir & Associates during your