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    Learn about contested and uncontested divorces to see what would be best suited for your situation.

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Permanent Separation or Divorce?

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 free consultation.

Categories: Divorce, Family Law
  • Top Rated Attorneys

    Our lawyers have been given the highest ratings and accolades for their commitment to legal excellence.

    What Sets Us Apart
  • Getting
    Divorced?

    Highly knowledgeable regarding Tennessee divorce law, we can help you work through this process.

    Receive Legal Help
  • Knowing Your Options

    Learn about contested and uncontested divorces to see what would be best suited for your situation.

    Types of Divorce
  • Free Case Consultation

    Our team is ready to review your situation to start building your case. Fill out our convenient online form or call today!

    Get Started Now

Contact Us

Martin Sir & Associates
Nashville Divorce Attorney
Located at: 424 Church Street,
Suite 2250,

Nashville, TN 37219
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Phone: (615) 266-4505
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.