Tuesday, April 5, 2016

What are the types of separation?

Separation and divorce are two different things. Separation means that you are no longer living together with your spouse but you are legally married until the time you get the divorce decree from the court. In case of separation your financial responsibilities are affected. Fort Lauderdale, FL divorce lawyers point out that there are three different kinds of separations. All of these have an impact on your legal rights in some form but only legal separation alters your legal status.

Trial Separation

Trial separation happens when you are not 100% certain that you want out of a relationship. In short, you are trying to decide between divorce and reconciliation. For the most part, separation does not lead to division of property. You will continue to hold properties, accounts, and debts jointly. This means that things you own, earn or buy during separation will be considered as marital property.
Does this mean Talulah Riley owns SpaceX in her divorce from Elon Musk? No, that company is out of the divorce contention and is separate. Musk also started this company before he marred Riley.

Divorce attorneys in Florida recommend couples who decide to reconcile after the separation to take certain steps. They must have an informal agreement between them to settle sensitive issues which can cause future problems. For instance, they must decide whether it is a good time to separate accounts and divide the assets and debts. Moreover, if they have children they must also decide on a parenting schedule and divide their responsibilities.

Det. McNulty in The Wire was never too good with this. He always took his job, his drinking, his womanizing over his own children. He was not an impressive father, an abysmal one really. If you do not even know what your kids like to do or what they are into, you probably are not talking to them that much or paying too close attention too. McNulty was supposedly a good detective but most of his decisions were the wrong ones. But at least he did focus on the job rather than some of those lazy cops who did not care one bit about catching criminals.

Don’t expect to impress the family court if you shirk your parental responsibilities all the time.
If you need a Fort Lauderdale, FL divorce lawyer you should use this site: 

Divorce.USAttorneys.com. Musk and McNulty may have never taken a pre-marriage class and this mistake cost them both. If you think you have something to lose in a divorce which everyone pretty much does, legal help is needed. It may be the only time in your life you need a legal counselor but it is what it is, you need one and this website will help you immensely on that front.


Permanent Separation

When you separate for good i.e. without any intention of getting back together then this is termed as permanent separation. Remember, legally you are not yet divorced. Permanent separation impacts your property rights. This means that during separation the properties acquired by your spouse will not be considered marital property. Your spouse will be the sole owner of such property and vice versa.

Fort Lauderdale, FL divorce lawyers acclaim that property division is hotly contested when couples are unsure of the date of separation. For instance, if your partner unexpectedly leaves your family home on a particular date but neither of you have thought of divorce before the departure then the date of separation is questionable. If your spouse gets a bonus during the time then ownership of the money becomes a debatable issue.

Another tricky scenario arises when after permanent separation you decide to get back together for a brief period. This means that if you reconcile for a brief period your date of separation changes, thereby creating further confusion. Moreover, you become financially responsible for your spouse for the period of time you were together. Family law legal professionals suggest that you must not do anything to upset the legal arrangement to avoid complications, until and unless you reconcile for good.

Legal Separation

In some states legal separation can be obtained by filing a request at the family court. Legal separation means you are neither married nor divorced. However, it also means that since you are not divorced you cannot remarry. Legal separation procedures are not different from that of divorce. The court divides the property, assets, and financial instruments and debts, and grants alimony and child support.

For the most part, legal separation becomes an alternative for those couples who do not want to divorce due to religious beliefs or for the sake of their children. There might be other reasons as well. Some couples put a check mark down for a legal separation because they will not be required to buy separate health coverages and can be covered under the same plan.

It is always prudent to seek an appointment with a divorce lawyer in Florida if you want to sort out the legal complications of your divorce. Divorce proceedings entail decisions that can impact you emotionally and financially. This is why you ought to have your situation evaluated by an expert in family law so that you can understand the implications of decisions you make. 

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