Separation or Divorce Which Is Best For Now?

Did you know there are four different types of separations? We think, it's important you know the differences, because the type of separation a couple chooses can impact property rights. The following is a general overview of various types of separations, but each state has specific rules regarding property rights. If you have questions after reading this blog, and you are an Arizona resident please contact WHYmediate at 480-777-5500.

Trial Separations: When a couple lives apart for a test period, to decide whether or not to separate permanently, it's called a trial separation. Even if the spouses don't get back together, the assets they accumulate and debts they incur during the trial period are usually considered marital property. This type of separation is usually not legally recognized, but is instead a specific period in a couple's relationship.

Living Apart: Spouses who no longer reside in the same dwelling are said to be living apart. In some states, living apart without intending to reunite changes the spouses' property rights. For example, some states consider property accumulated and debts incurred while living apart to be the separate property or debt of the person who accumulated or incurred it. In other states, property is joint unless and until a divorce complaint is filed in court. In some states, couples will need to live apart for a certain period of time before they are permitted to file for a no-fault divorce.

Permanent Separation: When a couple decides to permanently split up, it's often called a permanent separation. It may follow a trial separation, or may begin immediately when the couple starts living apart. In most states, all assets received and most debts incurred after permanent separation are the separate property or responsibility of the spouse incurring them. However, debts that happen after separation and before divorce are usually joint debts if they are incurred for certain necessities, such as to provide for the children or maintain the marital home.

Legal Separation: A legal separation is when the parties separate and there is a legal ruling on the division of property, alimony, child support, custody, and visitation -- but does not grant a divorce. This isn't very common, but there are situations where spouses don't want to divorce for religious, financial, or personal reasons, but do want the certainty of a court order that says they're separated and addresses all the same issues that would be decided in a divorce. The money awarded for support of the spouse and children under these circumstances is often called separate maintenance (as opposed to alimony and child support). 

Consider working with a mediator no matter what you do as they can guide you to the proper choice that will be unique to your individual circumstances.

At WHYmediate?, Find out if mediation can allow you to resolve Marital Conflicts in a positive learning environment that covers how to deal with all the special days in your life.

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions