SEPARATION

If you are experiencing marital problems then you may consider separation or divorce. While it is my job as a divorce attorney to advise you through the legalities of separation and divorce, there are a few things you should know first.

Separation and Divorce are not the Same Thing

Many people use the terms separation and divorce interchangeably. The reality is, there are some big differences. Legal separation does not end the marriage. Rather, a separation sets specific guidelines for behavior as each partner lives on his or her own. The court decides separation issues such as:

• Housing Issues
• Child custody and child support
• Visitation schedules
• Spousal support
• Payment of bills and utilities
• Health insurance

If you already made the decision to separate from your spouse, I can help you file a legal separation petition with the court. It is important to consider the issues listed above when drafting a separation agreement, as it will be legally binding.

While legal separation does have much in common with divorce, there are also key differences. Mainly, a separation is not final, while divorce is. When you divorce you will lose access to many of the legal rights provided by marriage.

Advantages of Separation

A separation may be useful if you want time apart to consider if divorce is the right decision for you and your spouse. Other advantages of a legal separation are:

• Temporary retention of medical, social security and other benefits
• The ability to live separate lives if divorce conflicts with your religious beliefs
• The ability to easily transition from a separation settlement to a divorce

Disadvantages of Separation

There are some disadvantages of a separation instead of divorce proceedings because it is not a permanent resolution. These include:

• You are still legally married.
• You can remain responsible for joint debts and liabilities.
• You may incur all of the costs of a divorce without getting the benefit of the finality and closure.