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22 Aug 16

Is a legal separation a good idea if you’re unsure about divorce?

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When you begin thinking that your marriage is in trouble and that divorce is the option that you should look at, then it might be wise to consider separation instead. A separation can be legally filed or it can be an understanding of the two parties that you will not have any contact with each other until the divorce is filed. Most states require that a couple remain separated for at least a year, with no physical contact, in order for the divorce to be granted.

A legal separation occurs when you go in front of a magistrate or judge and file the proper paperwork stating that you will not live together in the same home and that there will be no physical contact for a year in most locations. If you break that agreement, then the divorce might not be granted, or the required amount of time for the separation might start over.

A legal separation usually isn’t a good idea if you are not sure that you want to go through with a divorce. If you legally file for separation, then you will need to go back before a judge in order to get the paperwork annulled. This could take some time to complete. You could break the separation agreement if you get back together and not go through the the divorce in that way, which might be faster than waiting to talk to the judge about annulling the separation agreement.

If you have any feelings left for the other person, then it’s best to just spend some time apart from one another to see if those feelings fade or if you end up missing that other person. It’s a better solution than going through the court process to get the paperwork filed. However, if you do see that you are headed for a divorce, then it would be best to file the proper documents so that nay property is divided in the correct way and so that there is a date on paper of the time when you separated. This will be the basis for when the divorce papers can be granted.

A separation can be a time for both of you to work on yourselves. You can seek counseling or discover why one of you feels that the other failed in the marriage. It could take a few months or a few years of being apart to learn these reasons, but it will make it easier to stay married after you’re separated if you don’t file in court than if you just filed and went ahead with the divorce. Take the time needed to examine the marriage itself to see if it’s what you want and if you really want to go through a divorce hearing with someone you love.

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