Separation is that point in marriage where the couple faces severe issues in their relationship and feels there is no way for them to work it out. During separation, the married couple shifts elsewhere instead of living with their spouse. But not all couples who face separation end up being divorced. Separation is done on a trial basis to check if the absence will improve the relationship or if the couple is better off getting divorced and separated permanently. Contact Turco Legal, P.C. to get more legal information about separation.
The separation agreement and its contents
A separation agreement lays the foundation for the separation and divorce of the couple. Both spouses must accept and sign this document to avoid future complications. The agreement contains:
- Necessary information like the date and period of separation.
- The responsibility of the child.
- Other essential factors.
Documenting all this helps eliminate any issues between the spouses and reduces confusion. The terms should be mutually created and decided upon.
A family attorney can provide the required help to create the separation agreement and do all the legal work on your behalf. The professional guidance of a lawyer helps in the smooth preparation of the agreement without any technical inadequacies.
Type of separations
There are two types of separation, which are as follows:
- Trial Separation
As the name suggests, a trial separation is used to try to work things out. It is not final, and the separation is done on a trial basis to check if there are any chances of betterment.
This gives personal time to each spouse to contemplate the future of their relationship and whether they want a divorce or not. Separation provides the much-needed space to clear your thoughts regarding your marriage and spouse. It also allows a trial of how things will work after a divorce, especially if you have a child needing co-parenting.
- Permanent Separation
As the name suggests, permanent separation is the end point of your marital relationship. People separate from their partners without any intent to rekindle their relationship. The next step after a permanent separation is divorce by default. After that, all things will be finalized, and decisions regarding asset division and child custody will be taken. The ex-couple can take their matter to court or negotiate the divorce on their own through mediation.
It would be in your best interest to speak to an attorney before proceeding ahead.