By: Koleilat Law
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What does it mean to get a separation? In a way, it is a trial version of a divorce, and depending on what kind of separation you choose, it can be rather simple or rather complicated. There are versions of separation that come with legal ramifications while others are done with no legal precedent what-so-ever. For the most part, the forms of separation that have legal ramifications are ones that are leading up to a finalized divorce. Below we will review what a separation is, and it’s various types.
A separation, in contrast to a divorce, is not a permanent end to a marriage, though it is often a big step toward one. There is a chance that the marriage can be fixed, and sometimes a separation is used to try and save a marriage. The main idea behind a separation is for a marriage couple to spend time away from each other usually though living in different locations.
Trial Separation: A trial separation is one where a couple lives in different locations to see if a divorce is the right option to take. This is many times seen when a married couple uses the phase “See other people”. Rather a trial separation will allow the spouses to see other people is completely dependant on what the spouses decide, and care should be taken with it. Otherwise, being a trial separation is under no legal regulation, a spouse dating during one can be seen as being unfaithful. Depending on how the trial separation goes, the couple may make it permanent or decide to reconcile their differences to make the marriage work.
Permanent Separation: After a divorce is filed but before it is finalized, the two spouses can be considered to be in a permanent separation, which is best described as a place holder to a divorce. The two spouses live completely separate from each other. Any property bought by either side is considering their own property and not shared by the two spouses. Other things like child support and custody may be issued between the two parents.
Legal Separation: (Florida, along with some other states, does not recognize legal separation. In the state of Florida, you are either considered married or not married.) A legal separation is where you’re not legally together, but not legally apart. Everything you buy belongs to you alone and is not shared between spouses. Property is split apart, custody and support payments are decided, yet you are not free to see other people, and legally are still seen as being together.
When it comes to deciding if a divorce is the right course of action to take, a separation can help you to make the final decision. If you are not sure on how to go about a separation, contact a family lawyer like Lauren Koleilat. With years of experience in a wide area of family law related matters, working as a Daytona Beach separation and divorce attorney, she can help guide you through even the most complicated aspects of separations and divorce. Call 386-253-4720