Should You Separate Before Getting A Divorce?

Do You Have to Separate Before a Divorce?

     If you are experiencing sadness in your marriage, it can feel like the only option, perhaps the best option is divorce. You may have moments imagining how happy you would be if you could get away from your marriage. And you might wonder if it matters, to go through the separation process before getting divorced.

Why not save some time chasing a divorce, or getting things done? Why prolong something, with a long separation, before starting the divorce process?

Separation Can Have Quality of Life Advantages

Should you separate before divorce? Why separate for divorce? When people get divorced, they are likely to lose access to the financial benefits of marriage. Many married couples share benefits, such as filing for Social Security payments, joint taxes, or health insurance coverage provided by one spouse's employer under a bylaw plan.

Divorce allows both parties to the marriage to continue receiving these benefits, without filing for divorce. Living apart and still in marriage allows some people to maintain a good quality of life, while also effectively ending their responsibilities towards the marital relationship.

However, choosing not to get divorced, or to receive marital benefits, is often a short-term decision. If one of the parties wants to legally marry the other, they must file for divorce, so that they do not commit bigamy. However, if both partners have a good relationship, and want to share the profits until each party has had the opportunity, to make their profit arrangements, separation may be a good choice.

The Different Types of Separation

Preliminary Trial

If a couple decides to leave the marriage, they must live apart for a while, and decide between divorce and reconciliation. Rules of law also apply during this separation phase. In terms of property ownership, it is considered jointly and owned between the two. Property ownership decisions may also be subject to state regulations. It is also a good idea to make informal arrangements to address the problem positively. If a couple has children, making major decisions before a trial breakup can avoid any problems in the future.

Legal Proceedings

Couples can also obtain legal separation by filing in family court. Legal separation is the difference between marriage and divorce. However, the courts handle this matter in the same way as any other divorce case. This includes alimony, property division, and child support. Some couples may choose to separate legally and live their life happily for many years.

Permanent separation

Once a couple decides to separate permanently, it is their responsibility to go through all the mandatory processes. The division of property and debt must be decided immediately if the separation occurs before the divorce lawsuit. Prompt financial action is critical to long-term reconciliation. Once separated, they can make a basic agreement for their joint assets. Some people may stay in a relationship for insurance considerations. And, this option makes them responsible for all the consequences at a later stage.

Written Separation Agreement

When a couple divorces, it is possible, otherwise, the communication becomes poor to some extent. Even though the two of you were on good terms when you separated, the relationship may deteriorate during the divorce. (divorcenet.com)

Putting your separation in writing can prevent future arguments or uncertainty. And if you decide to stay together during your divorce proceedings, a separation agreement may be required, to show your intention to separate by a set date. Likewise, if you live in a state, which requires you to be separated for a while before the court approves your divorce application, a separation agreement is a good way to date your separation.

Your written separation agreement can serve as a roadmap for your relationship, until the court approves your divorce application, and can include a provisional order, if needed. Temporary injunctions can handle child custody, child support, spousal support, and property division. Therefore, if you disagree about how you are going to handle matters during the separation, or are unable to get your spouse to sign a separation agreement, you can seek a temporary injunction with the court, before starting the divorce proceedings.

Possibility of Saving a Marriage From Divorce

How long were you separated before you divorced?

For those who still have the belief that they can keep their marriage, separating before divorce is a last resort. Divorce and divorce are two different things. Separation doesn't mean divorce, and as long as a couple stays legally married, anything is possible, so they can get back together.

See things from a different perspective. You may take a different decision as to where to start.

When you choose to separate before you get divorced, very different perspectives can open up. Things become different, and everything is seen from another perspective.

This allows you to rethink your decisions, behavior, and what you want from your future.

Are You Searching for Marriage Counseling?

If the problems in your marriage are fixable, try marriage therapy while you're apart. This can highlight what didn't work and guide you toward future love. On the other hand, many people, who are divorced after several separations, say that working with a marriage counselor can help you separate without regrets. When many people decide to divorce, it's because they don't want to keep doing this over and over again. The main question you ask yourself is, 'Would life be better without my husband?' I've never doubted my decisions, and I'm much happier now."

Last words
So, while some couples can and do use their breakup to work through their differences, remember that a breakup is often the first step to divorce, and make sure you protect yourself legally. If you're wondering whether divorce is the right answer. Do not forget to find a reliable divorce lawyer.