Understanding Separation
Before, and sometimes instead, of divorcing or dissolving, a couple may become legally separated. Attorneys at the Pasadena Law Offices of Donald P. Schweitzer say that couples choose separation for a number of reasons. Perhaps they have the intention of continuing their marriage or partnership if time apart gives them the opportunity to resolve differences. Or, maybe a couple has decided on divorce and uses the legal separation as a tool to establish division of property, assignment of debt, child custody, and support.
The Law Offices of Donald P. Schweitzer think it is helpful if you understand that there is legally only one kind of separation. Other types referred to may or may not be recognized by the courts of a particular state. However, each has legal ramifications:
Before, and sometimes instead, of divorcing or dissolving, a couple may become legally separated. Attorneys at the Pasadena Law Offices of Donald P. Schweitzer say that couples choose separation for a number of reasons. Perhaps they have the intention of continuing their marriage or partnership if time apart gives them the opportunity to resolve differences. Or, maybe a couple has decided on divorce and uses the legal separation as a tool to establish division of property, assignment of debt, child custody, and support.
The Law Offices of Donald P. Schweitzer think it is helpful if you understand that there is legally only one kind of separation. Other types referred to may or may not be recognized by the courts of a particular state. However, each has legal ramifications:
Legal Separation
Many people think that if they do not live together and have filed for divorce, they are legally separated. That is not true. The term "legal separation" has a specific meaning under the law.
A legal separation is granted by the court. A couple may negotiate division of property and separate maintenance (child support), and visitation outside of court, or they may let the court establish these. Any debts incurred or any property acquired during a legal separation is normally considered to be separate property and not part of the marital estate. In California, you do not have to meet divorce residency requirements to be legally separated. Family lawyer Donald P. Schweitzer says, “If you know you will divorce, but you do not yet meet residency requirements, a legal separation can protect you in the meantime and prepare you for eventual divorce.” In legal separation, as in all other forms of separation, the parties are still considered to be married or registered partners and cannot enter into another marriage or registered partnership.
Permanent and Trial Separation
Sometimes people speak of “permanent” and “trial” separations. These are really just social distinctions, but they may have legal ramifications. Some couples simply establish separate lives permanently. Separate maintenance may be paid by private agreement between the two parties. The marriage or registered partnership is still valid. Most states will treat a permanent separation as a legal separation when it comes to property and debts acquired during the separation, but you must check the laws of the state where you were living at the time of separation as well as the state where you live if a dispute arises. Most states do consider debts incurred as a result of maintaining the marital home or caring for children as joint, rather than separate.
Trial separation refers to a short separation with a limited intention. Sometimes it is just a cooling off period or even a negotiating tool. No decisions are made about property division, child support, spousal support or divorce. Many trial separations result in reconciliation. Any property or debt incurred during this time is considered to be jointly owned or owed.
The Law Offices of Donald P. Schweitzer do not usually recommend that couples live apart for an extended period without legal separation. Issues may arise if one spouse moves to another state. The relationship may deteriorate, and promises or long-standing verbal agreements may be broken. Joint checking accounts, credit cards, and the like may be sources of financial disagreement and even financial hardship. Debts incurred and property acquired may or may not be considered jointly owned or owed.
Attorney Schweitzer explains “You do not have to litigate to achieve a legal separation. There are ways to mediate a settlement in a civilized manner and make it legal to protect both parties. A court need not be involved in the decision-making about division of property, support, child custody, visitation, or responsibility for debt. Issues can be negotiated outside of court.” He emphasizes “A legal separation need not be permanent and need not lead to divorce. It simply establishes the rules under which a couple will live separately.”
Learn more about separation and California family law by contacting the Law Offices of Donald P. Schweitzer in Pasadena, California.