Why do people legally separate

Not all types of separations are accepted in all states, so be sure to research how separation works where you live before moving ahead. Decided separation is right for you?

Start My Separation. What Are the Different Types of Divorce? While all divorces generally end in the same way with the married couple being divorced there are a number of different types of divorce that couples can choose to go through. The most common forms of divorce include uncontested or contested, no-fault or fault, default, and summary.

Uncontested divorce: Uncontested divorce is when you and your husband or wife work together to come to an agreement in regards to how you will separate assets and debts, and how you will address child support and custody. In an uncontested divorce, both parties agree to the divorce and separate their lives without the assistance of a lawyer. Couples who choose to go through an uncontested divorce often create a Separation Agreement together and submit it to the court for approval.

Contested divorce: Alternately, contested divorce is when a married couple cannot come to an agreement over the terms of their divorce without legal assistance. Generally, contested divorces must go through settlement negotiations and divorce hearings in court. No-fault divorce: No-fault divorce is when neither party is to blame for the dissolution of the marriage. Most couples who choose this type of divorce list "irreconcilable differences" as the reason for the divorce.

Fault divorce: Fault divorce is when a husband or wife believes their partner was at fault for the breakdown of the marriage. For example, if one spouse was abusive, unfaithful, or if they abandoned their partner they may be considered to blame for the end of the relationship. A divorce can still be granted to the husband or wife who requested it without the other partner being involved if they cannot be located.

Summary divorce: Summary divorce is only an option in some states, but it is offered to couples who can separate easily and quickly. Want to file for divorce online? See if you qualify. By exploring your separation or divorce options and determining which is right for you, you can both move forward knowing what to expect and how to navigate the coming months.

Child Travel Consent. Child Medical Consent. How to File for Divorce. Ready to create your first free legal document? Get Started. Share this article and help someone to understand the differences between divorce and separation:.

Home About Contact Help Center. About Us Privacy Policy Disclaimer. Separation means that you are living apart from your spouse but are still legally married until you get a judgment of divorce.

Although a separation doesn't end your marriage, it does affect the financial responsibilities between you and your spouse before the divorce is final. There are three types of separation: trial, permanent, and legal. In most states, only one legal separation changes your legal status—but all three have the potential to affect your legal rights. If you and your spouse need a break from the relationship , one option is to live apart while deciding whether to divorce—a "trial separation.

For example, a court will treat the money you earn and the things you buy during the trial separation as property acquired by a married person. That will often mean that the property is jointly owned by you and your spouse depending on your state's rules about property ownership.

If you and your spouse separate but hope to reconcile, it's a good idea to write an informal agreement about the rules of your separation. For example, your trial separation agreement might address:. If you ultimately decide to divorce, you might be able to use this trial separation agreement as a starting point for creating a marital settlement agreement. If you and your spouse determine that there's no hope of reconciling, your trial separation becomes a permanent separation.

When you live apart from your spouse without any intention to reconcile, but you are not divorced, the law considers you permanently separated. Depending on the law where you live, a permanent separation can change property rights between spouses. For example, in some states, assets and debts acquired during a permanent separation belong only to the spouse who acquires them.

Once you are permanently separated, each spouse becomes solely responsible for any debts they take on. Similarly, spouses who are permanently separated are no longer entitled to any share of property or income acquired by the other. Because the spouses' rights to each other's property and obligations for debts change significantly as of the date of a permanent separation, spouses often hotly dispute the exact date their separation became permanent. For example, if your spouse left in a huff and spent a month sleeping on a friend's couch, but you didn't discuss divorce until the month had passed, the date the separation became permanent might be unclear.

And that means that if your spouse received a big bonus at work during that month, you might be able to argue that part of the bonus belongs to you. If you move out of the house and don't expect any long-term reconciliation with your spouse, think twice about going out together or spending the night together just for old times' sake. If you do briefly reconcile, you risk changing the date of separation and becoming responsible for your spouse's financial actions during a period when you thought you were responsible for only your own.

Once you permanently separate from your spouse and have made basic agreements about your joint assets and debts, you don't have to divorce right away. Additional costs can include costs for extracurricular activities like piano lessons or sports league fees , additional health insurance, etc.

Total up these costs and decide what percent of the total cost each parent will pay. You will need to decide what will happen to your home. If you want to make sure you are entitled to a specific piece of property, like your motorcycle or car, state it in your separation agreement.

You will need to decide who will be responsible for which bills, like your mortgage, any credit cards, car payments, insurance payments, personal loans and any other debts. There are pros and cons to legal separation, and it may not be right for every couple. Here are some of the most important things to consider:. The above are just points for you to consider.

For legal advice, contact a family attorney in your area who is knowledgeable about legal separation. Back to top. Legal separation is not right for every couple. In some cases, the cons outweigh the pros. If this is the case for you, here are three other options you may want to consider:.

If you want the terms of your divorce to be the same as the terms in your separation agreement, file for a conversion divorce. In a conversion divorce, you ask the judge to include all the terms of the separation agreement in your divorce. The judge will review all of the terms of your agreement and decide whether to include all the terms of the agreement in your divorce.

Also remember: You and your spouse must have lived apart for at least one year, and followed the terms of your separation agreement, before filing a conversion divorce.

If you have not already filed your separation agreement with the county clerk, you must file the separation agreement at the same time you file your divorce papers. It is always best to have a lawyer when getting a divorce.

If you hired a lawyer to write your separation agreement, that lawyer can help you file a conversion divorce. Help us improve a brand new design! Were you impacted by Hurricane Ida? Help is available. Click here to learn more. Do you have to appear in court virtually or submit court papers electronically? Click here for information to help you prepare. L aw H elp. Text size: A A A. Search for resources and organizations in this language Advanced Search. Understanding legal separation Authored By: LawHelpNY Disclaimer: This content is offered only as a public service and does not constitute legal advice.

Contents What is legal separation? Unlike a divorce, legal separation does not end your marriage. Some of the most common reasons are: They are unsure if they want to get divorced They cannot afford to get divorced Financial benefit, such as continued health insurance It is important to note that legal separation is not just moving out of the home you share with your spouse.

Otherwise, you must meet one of these two residency requirements: At least 1 of you has been living in New York state continuously for at least 2 years before you file for separation. At least 1 of you has been living in New York state continuously for at least 1 year before filing and… one of the following A couple things to note: Having a separation agreement is what makes you legally separated.

You are not legally separated unless you have it. You and your spouse must voluntarily agree to all the terms of your separation agreement.

The court will not force a separation agreement upon you. You and your spouse must both sign the agreement voluntarily. In general, a separation agreement covers: Basic information such as the date you were married, the date you separated or will separate Who the children will live with if you have children Who will pay which bills How property, like your home and cars, will be divided up and cared for It is important to think carefully about the terms of your separation agreement.