What Are the Different Types of Separation?
Separation is typically seen as the step taken before divorce; however, this is not always the case. Some use separation as a trial period to see a life without their spouse in it while others see separation as a substitute for divorce. Many that are considering separation have already experienced a mental or emotional gap without physical distance coming between them and their spouse. There are three types of separation, each of which gets progressively more serious.
Types of Separation
The following are the three types of separation available to married couples:
Trial Separation: A trial separation can be the “trial period” that couples are looking for when they are having difficulties in their marriage. This form of separation does not require any legal paperwork and is not considered a legal process. Trial separation has the two spouses living apart with the potential to get back together. This form of separation often helps couples decide if their marriage is still meant to be or if divorce is on the horizon.
Permanent Separation: This type of separation occurs when couples decide that they no longer want to be together but do not wish to have legal processes involved. Some choose permanent separation to continue to have financial benefits of a legal marriage. The division of property can become difficult in this form of separation without third-party assistance. Property purchased or debts incurred after the separation but without a divorce present is typically considered separate unless the debts are formed to care for children or the marital home.
Legal Separation: This form is closest to a divorce. Legal processes are involved to officially divide assets, make child custody decisions, and to request financial support. Much like permanent separation, legal separation can be an alternative to divorce; however, legal separation is often the first step towards divorce for unhappy couples. Without a legal divorce, it is impossible to remarry since you legally never ended things.
Contact our Kane County Legal Separation Attorneys
Legal separation is the only form of separation that officially requires legal assistance. This is the most common form of separation and should be considered by individuals questioning their marriage. At Shaw Sanders, P.C., we have been helping clients with legal separation for over 30 years. If you need advice on separation and divorce, contact our experienced St. Charles, IL divorce lawyers at 630-584-5550.