My husband and I are not getting along more times than not. I’m not sure if I want a divorce or just want to get away from him for a while. What can I do?
If you are unsure whether you want a divorce, you can think about filing for a legal separation instead. However, legal separation is not a trial separation and is not designed to give you a “time out” from each other.
A legal separation is a lawsuit against the other spouse and proceeds like a divorce, except that in the end, the spouses are not divorced and are not free to remarry.
There are a number of scenarios in which a married couple are no longer living as husband and wife, and do not wish to formally divorce. In such a situation, it may be necessary to divide property and make arrangements for child custody and spousal support as well.
There are many reasons why you might want to establish a legal separation, and protect your interests, without getting divorced at this time, including:
- It may not be financially feasible to divorce at this time
- You may only want a trial separation – with hopes of reconciling
- There may be religious reasons to stay legally married
- You may want your estranged spouse to stay under your health insurance
Being legally separated allows for the chance of reconciliation, if that is a goal of yours. Legal separation should cover everything that is covered in a divorce, such as:
- Defining marital versus separate property
- Dividing assets and debts in a fair manner
- Determining child custody if there are children involved
- Establishing child support and spousal support, if applicable
Legal separation can be a practical bridge between marriage and divorce; however, there are pitfalls, such as conceding rights to joint property in hopes of getting back together.
Contact the Orange County family law offices of Amy M. Montes. We will protect your interests and the best interests of your children in the legal limbo of separation. In addition, we handle divorce and all related family-law matters.
