Separation Before Divorce

When you are contemplating divorce, separation is usually a necessary step to take before proceeding with a settlement. Depending on where you live, divorce laws will determine what you must do before you can file for a divorce from your spouse. Separation allows you the chance to search for a good family law attorney, decide upon any property division, and learn about child custody laws in your state.

Most states expect a couple to be officially separated in order to be granted a divorce. The law in a lot of states specifies that you must be separated from your spouse for a certain amount of time before starting the divorce process. Staying in separate bedrooms in your marital residence is not what the courts intend when they say separation; typically it involves living in completely different residences.

Usually, the decision to separate is mutual and voluntary, but sometimes desertion is a factor. When a spouse leaves with no intent to return, it is called desertion. On the other hand, constructive desertion is when you are forced to leave the relationship, as in cases of domestic violence. You will not be held accountable for desertion in this case because the court will recognize your attempt to protect your children and yourself.

When couples have reached the point of a divorce, separation for an extended period of time has come and gone. All the resources available to couples in a troubled marriage should have been used, including seeking the advice of a marriage counselor or a religious advisor.

Before a divorce proceeding takes place, property division is a necessity. Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult your lawyer.

A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.

You should consult your broker before reissuing your stock in your name. If the previous broker looked after both your and your spouse's accounts, you may need to search for a new one. To exclude your spouse from a will or a trust that you might have, you will have to change it. The divorce settlement process will run more smoothly if you have all of your documents and changes in writing.

When a couple seeks a divorce, separation requires them to begin the process of dividing up their lives as husband and wife. It can be difficult to figure out who will take particular pieces of property or who will reside in the marital residence. What can be more harrowing is involving children in the process of custody and visitation. No matter how one looks at the matter, separation can be as daunting a task as the entire divorce process.