Why Separate before Divorcing?

When you are contemplating divorce, separation is usually a necessary step to take before proceeding with a settlement. Depending on where you live, divorce laws will determine what you must do before you can file for a divorce from your spouse. Separation allows you the chance to search for a good family law attorney, decide upon any property division, and learn about child custody laws in your state.

Most states expect a couple to be officially separated in order to be granted a divorce. The law in a lot of states specifies that you must be separated from your spouse for a certain amount of time before starting the divorce process. Staying in separate bedrooms in your marital residence is not what the courts intend when they say separation; typically it involves living in completely different residences.

Usually, the decision to separate is mutual and voluntary, but sometimes desertion is a factor. When a spouse leaves with no intent to return, it is called desertion. On the other hand, constructive desertion is when you are forced to leave the relationship, as in cases of domestic violence. You will not be held accountable for desertion in this case because the court will recognize your attempt to protect your children and yourself.

Of all the proceedings that occur during a divorce, separation is usually the first. Separation is intended to give both spouses the opportunity to divide up personal property and figure out who will live in the marital residence. When children are involved in a divorce settlement, the separation period is when parents choose where the children will live. It can also be a time when parents discuss the custody issues such as whether or not joint physical custody is a possibility. Other things can be settled during the separation period. Spouses choose between vehicles, pets, furniture, and even electronics. When the separation period is over between two people and no plans of reconciliation are possible, then both spouses need to begin consulting with their attorneys.

A period of separation can be used to resolve any financial matters before going ahead with a divorce. You need to do this because, if your ex-spouse defaults on any financial obligations in the future, you need to protect yourself against their creditors. When producing your finances to the attorney, make a list of all assets and liabilities that are currently held. All joint accounts should be transferred into your name only; this includes credit cards also.

You should consult your broker before reissuing your stock in your name. If the previous broker looked after both your and your spouse's accounts, you may need to search for a new one. To exclude your spouse from a will or a trust that you might have, you will have to change it. The divorce settlement process will run more smoothly if you have all of your documents and changes in writing.

When a couple contemplates divorce, separation can be a period of time to help both individuals involved step back and evaluate their marriage. In some cases, a divorce settlement never emerges out of a separation because both parties are able to resolve their issues. Perhaps this is why the courts often require a separation period as a way to show couples all that is involved when dividing up two lives.

About the Author

Charles Sellestor, a family counselor has witnessed couples who are looking for Fathers custody rights Sacramento to find a good Sacramento family law attorney. He realizes that separation doesn’t work and finding a divorce lawyer in Sacramento is the only option left. He works hard to see that couples resolve any differences before taking that final step.