What are the different kinds of legal separation?
Rather than going into divorce proceedings, many Las Vegas parents decide to enter into a legal separation. For some spouses, a legal separation could come with some specific advantages, particularly for spouses with complex financial situations that could take time to organize leading up to a divorce. This article will discuss three primary types of separation.
Trial separation: A trial separation involves a separation that is set for a specific amount of time as spouses live apart from one another and determine whether or not they will ultimately get a divorce. A trial separation does not involve any property division agreements, and it might not affect property division related to assets and items acquired during the time frame of the separation.
Living separately: Circumstances could result in a couple living apart from one another, and if the couple does not plan to continue their marriage, then it would result in a living separately separation. Living separately can play a role in the property division process because debt, assets and income acquired while living separately may not be considered marital property when a formalized divorce proceeds.
Permanent separation: A permanent separation refers to arrangements made by the spouses in which they separate permanently, but the technicality of being married continues. Debts and assets acquired by the spouses will be classified as separate property. However, if the debts are used for family necessities, then they will be considered as joint property in later divorce proceedings.
When Las Vegas couples choose divorce, they should know that the process can be handled by a divorce attorney who can help the spouses come to peaceful agreement as they dissolve their marriage. A qualified divorce attorney will also be able to counsel couples about whether legal separation could be helpful in their particular situations.
Source: FindLaw, “Legal Separation vs. Divorce,” accessed Oct. 19, 2016