Want Out? 4 Signs That Separation Might Not Be In Your Best Interest
You and your spouse have been having marital problems for a while. You've tried to work through the issues. Unfortunately, the problems are still there. You don't want to file for divorce but you don't want to keep living in your current situation. Your friends have suggested a separation. Before you make your decision, here are four reasons why a legal separation may not be in your best interest.
Divorce is Inevitable
If there are marital problems that can't be repaired, a period of separation may just prolong the inevitable. In some cases, delaying the inevitable can do more harm than good. This is particularly true when young children are involved. It can be difficult for children to understand why their parents are no longer living together, especially if they're still married. If you have children, and you know that you'll be filing for divorce, it may be easier to avoid the separation and file for divorce.
Lose Your Right to the Family Home
If you and spouse own a home together, you may be jeopardizing your property rights if you move out. In some states, you relinquish your right to the home as soon as you move out. Not only that, but if there is still property in the home that you want to retain ownership of, you might be better off staying in the home until the divorce is finalized.
If you do choose to seek a separation from your spouse, have your attorney include the house as part of the separation agreement. That will allow you to have the separation you need while retaining your right to the property should you eventually file for divorce.
May Give Spouse Grounds for Divorce
If you want the separation, but your spouse doesn't, you'll need to speak to your attorney before you move out. Depending on where you live, you may be giving your spouse grounds to proceed with an at-fault divorce due to abandonment.
Your Spouse is Abusive
If you're the victim of domestic abuse, don't take your chances with a separation. In some cases, the abuse can escalate once the victim moves out. Separation may give your spouse the idea that you might come back, which could create a situation where they change long enough to get you to move back home. If you're the victim of abuse, seek legal help as soon as possible.
There are some instances where legal separations work well for couples who are experiencing marital problems. However, if you can relate to any of the issues described above, separation may not be in your best interest.
For more information, talk to a divorce attorney, such as Margit M. Hicks, PA Attorney at Law.