When a couple decides to get married legally, the notion is that the couple will stick together until one dies. However, the high number of divorce cases show that not all marriages last. Some marriages fail due to different reasons. Divorce cases are not exempt from issues that involve child custody, child support, and marital support. Therefore, many couples tend to shy away from getting a divorce and opt for separation.
Separation is different from divorce in that when separated, the two individuals live differently, but are legally married on paper. Even with opting for separation, a couple must meet a family law attorney in Colorado Springs, Colorado. The attorney will shed more light on each type of separation and help the couple make the right decision. There are various types of separation, and a couple should choose one that fits their situation best.
Trial Separation
When a couple is not sure whether separation is the right thing for them, they can consider to try and live separately. During this time, the couple lives in one house, but do not share a bed. The couple can also avoid activities such as eating together and sharing cars. There is no specific duration that a couple can do a trial separation. Depending on how they relate during this period, a couple can determine whether separation is right for them or not. Any property they acquire during this time they are in trial separation is marital property.
Living Apart
As the name suggests, a couple decides that they will live in different residences. No party should go to the residence of the other individual. The different thing with this separation is that the setup affects one’s rights to marital property. Whatever one acquires by themselves—asset or liability may be considered as separate property later in a court of law.
Permanent Separation
Permanent separation applies when a couple decides that they no longer want to be involved in the other person’s life; they consider getting permanent separation. The two individuals agree that no one should contact the other person regardless of the situation. This separation works best when there are no children in a marriage.
Legal Separation
In this type of separation, a couple goes to the court to sort their separation case. The court listens to the two parties and makes a judgment for their separation case. This separation is different from others in that the couple stipulates an agreement with legal terms. Upon agreement, the two parties sign the agreement, and the court approves the separation. The court helps handle other issues such as child custody, child support, and property division.
Just as marriages are different, so are separation cases. Any couple seeking to get separation should consider the different types of separation that they can get. They can then decide the most appropriate option for them. It is essential that a couple consults with a lawyer when considering separation. Family law attorneys understand the legal implications of each type of separation and will guide the couple accordingly.
