Separation is a term used in reference to the physical separation of a marital couple. Though, generally speaking, any married couple can separate due to marital problems, though it is a legal separation which is recognized by the courts and under applicable laws. Therefore, when the term separation is used, it is most likely done within the context of a legal separation.
A legal separation is essentially both parties agreeing to go their separate ways without dissolving the marriage, but a judgment is entered containing a property division and provisions related to children and support. There are many reasons for doing this, one being the need to retain certain benefits within the marriage agreement that would otherwise be discontinued upon a divorce. For instance: medical insurance.
Typically, though, legal separation often leads to a divorce agreement at a later date with the same terms as contained in the judgment of legal separation. The marriage is then dissolved in a court and the provisions related to benefits and assets, questions of child custody, parenting time, and support (if children are in fact present).
In most cases, divorce is the last option
Divorce laws can prove to be complex and often times confusing, and thus, it is strongly recommended that legal counsel be employed in order to have the best representation in divorce courts.
Three recommendations if you are approaching a divorce
- Understand that keeping emotions in check benefits everyone especially children.
- Be open to exploring counseling either individually or with your spouse.
- Be honest with your attorney to help him or her represent you most effectively.
Do you have questions?
Give the Law Office of David G. Johnson a call at (810) 227-1700 for a free, no obligation appointment.