Before a couple seeks d
vorce, separation is the usual precursor. Th
re are a number of things c
uples need to do before seeking a d
vorce settlement. From finding the right
ttorney to getting you finances in
rder, a number of divorces have l
ng periods of separation before they are f
nalized.
To be granted a divorce, s
paration is required first by most st
tes. Many state divorce laws require you be s
parated from your spouse for a sp
cific period of time before beginning d
vorce proceedings. By separation, the courts
ntend for both you and your sp
use to be living in completely d
fferent residences, not staying in separate b
drooms in the marital residence.
Separation is v
luntary most of the time, but th
re are instances where desertion occurs. D
sertion is when a spouse leaves and n
ver intends to return to the r
lationship. Constructive desertion is when your sp
use forces you to leave the r
lationship, such as in abuse cases. In th
s instance, the court will not h
ld you accountable for desertion because it w
ll acknowledge the act was a n
cessity for personal safety or the s
fety of children involved in the m
rriage.
Of all the proceedings that
ccur during a divorce, separation is
sually the beginning. Separation is intended to g
ve both spouses the opportunity to d
vide up personal property and figure out who w
ll live in the marital residence. Wh
n children are involved in a d
vorce settlement, the separation period is wh
n parents choose where they will l
ve.
It can also be a t
me when parents discuss the custody
ssues such as whether or not j
int physical custody is a possibility. Oth
r things can be settled during the s
paration period. Spouses choose between vehicles, p
ts, furniture or even electronics. When the s
paration period is over between to p
ople, and no plans of reconciliation are p
ssible, then both spouses need to b
gin consulting with their attorneys.
Before pr
ceeding with a divorce, separation can be a t
me when you can get your p
rsonal finances in order. This is an
mportant step to take because it w
ll prevent creditors from coming after you if y
ur ex-spouse is unable to make p
yments on anything in the future. F
nances can include giving your attorney a l
st of all your assets and l
abilities.
Then it would be wise to m
ke all your credit cards in y
ur name only, which means informing y
ur spouse you will be canceling any j
int accounts. If you own any st
cks, then reissue them in your n
me. You may also need to s
arch for a new broker if the pr
vious one looked after both yours and y
ur spouse's accounts.
If you have a w
ll and trust, you will need to
lter it to exclude your spouse. F
nally, make sure all documents and ch
nges are written down and recorded so you w
ll have it on file for the d
vorce settlement.
When a couple contemplates d
vorce, separation can be a period of t
me to help both individuals involved st
p back and evaluate their marriage. In s
me cases, a divorce settlement never
merges out of a separation because b
th parties are able to resolve th
ir issues. Perhaps this is why the c
urts often require a separation period as a way to sh
w couples all that is involved wh
n dividing up two lives.