On separation and annulment, Part 2
In our last post, we talked about separation, annulment and divorce. Today we’re going to get into a little more detail on these topics, with a more specific look at separation and the various types of separation that are possible.
A “trial separation” is a common step for many married couples who are going through a difficult period in their relationship. During a trial separation, the spouses live apart (even if that means they “live apart” in the same home). Any assets they obtain during this trial separation are usually considered jointly owned by the spouses. If one of the spouses decide that the trial separation is working for them, they can work towards making the separation permanent.
Which leads to “permanent separation,” the next step in the separation process. This is when the spouses decide that their marriage no longer works (due to irreconcilable differences). Unlike a trial separation, the assets collected during a permanent separation are assigned to each spouse individually, depending on which spouse is responsible for the asset.
If the couple wants to take their separation to the ultimate step, they will go for “legal separation,” which all but ends the marriage. Legal separation is usually followed by a divorce filing, but it doesn’t necessitate it. During legal separation, the spouses will deal with many issues inherent to the divorce process, such as spousal support, property division and child custody (if they have children).
As always, if you are considering separation or divorce, you should consult with an attorney.
Source: FindLaw, “FAQ Regarding Separation and Annulment Law,” Accessed March 7, 2016