Practice Areas / Family Law

Types of separation
When a couple is considering separation and wants to test it out, they may choose to do what is called ‘trial separation.’ In this type of separation, there is no legal recognition, however, the couple will live apart for a certain period of time in order to evaluate whether or not separation or divorce is what they wish to do.

During a trial separation, since it is not a legal separation, any property accumulated will be considered marital property.

The next type of separation is called, ‘living apart.’ This can look similar to trial separation, but the main difference is that the spouses have no intention to come back together. This type of separation can and does affect property rights.

Because a couple has no intention of getting back together, in some states, property and debt accumulated by each person while separated is considered to be their own. This is not true for every state, however, so if you are considering living apart, you will want to contact an experienced attorney to determine whether or not your property rights and debt status will be affected during this type of separation.

Another type of separation is permanent separation. When couples opt for this type of separation they are usually headed for a divorce to make everything final. During this type of separation, and in most states, any assets accumulated or debts incurred are the responsibility of the spouse who receives/creates the asset or debt.

There are a few exceptions in that any debts incurred for the purpose of maintaining the home or for the children will remain joint debts.

The last and most permanent type of separation is called ‘legal separation.’ In this case, a couple separates and a court rules on many aspects of the partnership including property rights, child support, alimony, and child custody. Even though a court rules on these factors, a legal separation does not equal a divorce.

There are many reasons a couple may want to opt for legal separation but not divorce. These reasons can include religious or financial reasons among other personal reasons.

Separating when you have children
While child support and alimony are awarded in the case of a divorce, legal separation can also award one spouse money to take care of the needs of the children. This money is generally referred to as, ‘separate maintenance.’

Getting help with your separation

If you’re considering separating and are not sure if you want to file for a divorce, finding a family law attorney to help you through the process will benefit you greatly, especially if you have children. The law can be confusing, so contacting an expert attorney will help you navigate the system and relieve you from the stress of doing it alone.