Before anyone can seek a divorce, separation must occur. Many states require separation as part of their specific divorce laws while others may not. A separation is a time for you to get finances together, talk with your children about where they want to live and give yourself time to see if divorce is the best solution for your troubled marriage.

To be granted a divorce, separation is required first by most states. Many state divorce laws require you be separated from your spouse for a specific period of time before beginning divorce proceedings. By separation, the courts intend for both you and your spouse to be living in completely different residences, not staying in separate bedrooms in the marital residence. Separation is voluntary most of the time, but there are instances were desertion occurs.

Desertion is when a spouse leaves and never intends to return to the relationship. Constructive desertion is when your spouse forces you to leave the relationship, such as in abuse cases. In this instance, the court will not hold you accountable for desertion because it will acknowledge the act was a necessity for personal safety or the safety of children involved in the marriage.

When couples have reached the point of a divorce, separation for an extended period of time has come and gone. All the resources available to couples in a troubled marriage should have been used, including seeking the advice of a marriage counselor or a religious advisor. Before a divorce proceeding takes place, property division is a necessity.

Usually when a couple goes through a separation period, the property has either been discussed or divided between the two spouses. In the cases where children are involved, separation requires soon-to-be divorced parents to discuss with their children where they should live and what the custody and visitation rights could be after the divorce settlement. When all the decisions that can be made during a separation are concluded, then it is time to consult your lawyer.

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This entry was posted on Sunday, October 14th, 2007 at 3:16 pm and is filed under Relationships. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.