Married couples who have children together typically intend to stay together forever, when possible. They want to combine their resources and efforts for the benefit of their shared children. However, circumstances can change throughout a marriage. One spouse might develop dangerous habits or begin an extramarital affair.
Raising children together could highlight a difference in values that makes cooperative parenting more challenging than people initially anticipated. Parents sometimes find themselves in a very difficult scenario where they share children and perhaps do not want to legally divorce. Still, they may also recognize that they cannot remain married or continue living together.
They may worry about legal and financial exposure because of a spouse’s conduct. They may want to sever their responsibility for their spouse’s well-being and basic needs. A legal separation can be a viable option for those dealing with frustrating marital circumstances who may not want to divorce.
How does legal separation work?
Legal separation essentially involves completing all of the basic steps of divorce without officially ending a marriage. Couples must have lived in the state for at least 91 days to be eligible for a legal separation.
Spouses file paperwork with the courts, negotiate an appropriate allocation of parental rights and responsibilities and then begin living completely separate lives. They divide their property and parenting time. One parent may have to provide child support to the other once they begin living separately. Most of the obligations are the same requirements imposed when couples divorce.
The only real difference between a legal separation and a divorce is that the spouses technically remain married. Neither can remarry, even if they start new relationships. People may want to legally separate without divorcing to minimize the stress their circumstances cause their children or because of religious reasons.
There may also be certain benefits that the family relies on that could become unavailable to the children or one of the parents after a divorce. In some cases, people may eventually file paperwork to convert a legal separation to a divorce, possibly after their children reach adulthood.
Legal separation can take months to negotiate, but can ultimately extend crucial protections to those dealing with a dysfunctional marriage who do not wish to divorce at the time that they need to go their separate ways. Discussing the benefits of both legal separation and divorce with a skilled legal team can help parents plan the best path given their family circumstances.