Marital Seperation

Just as the process for beginning a marriage is governed by state law, so is the process of ending a marriage. Most states require a couple to dnter into a seperation period prior to obtaining a final divorce. This period can range from a few months to more than a year. During this time, both spouses have time to consider the consequences of ending the marriage and to get their affairs in order so that they can go on with their seperate lives. A seperation period can be especially helpful to couples who have children.

In additon, some couple will never consider divorce for religous or other reasons. Sometimes, however, a husband and a wife need time apart to consider the future. In these situations, a seperation rather than a divorce may be the best idea.

If a married couple seperate, they still have legal and financial responsibilities to each other and their children. They remain husband and wife, and neither can remarry. For these reason, having a seperation agreement is a good idea. This is typically a written document that sets out the couples’ agreed upon terms for child custody and visitation, child and spousal support, division of property and other issues. It is often the result of mediation between the husband and wife.

When a seperation agreement has been signed by both the husband and the wife, it becomes a legally enforceable contract. The seperation agreement can say anything the husband and wife want it to say. Seperation agreements do not have to be approved by a court. Once the parties have agreed to the terms of the contract each side must abide by it. However, in certain cases, the partners may choose to go to court to have a judge approve the agreement. In this case, after it is signed, the agreement cannot be changed unless the court changes it or both spouses agree to the change. If a couple later seek a divorce, the terms of the seperation agreement usually form the basis for the final divorce decree ( court order).