Gilbert & Smallman: Miami-Dade and Broward County Family and Divorce Lawyers
Divorce can cause life, and the important details within it, to become fuzzy and out of focus.
While every couple will experience difficulties in their marriage at various times, it is difficult to know if the next step should be divorce. Some people decide that they’re not quite ready for that finality, and they take an intermediary step by seeking a marital separation. At Gilbert & Smallman, in Hollywood, Florida, we help couples come to a consensus regarding the terms of their separation and draft separation agreements.
There are 4 Types of Separation To Consider
Read Below to Find Out Which One Is Best For You
You will want to carefully decide which type of separation works best for your particular situation.
Trial Separation
A trial separation occurs when you and your spouse decide that there should be a separation for a specific amount of time. This means that both parties are completely frustrated with their current situation, but still desire reconciliation. Having a set time frame gives both parties time to decide what is necessary to restore the broken marriage. In addition, it is important for certain boundaries to be established so that no further misunderstandings take place that could further damage the marriage. Having particular goals to work toward during this time can ensure a more successful chance of reconciliation.
This could be extremely beneficial for your marriage, as the time apart may reveal just how much you love each other and truly desire to work through the difficulties either through a counselor or by getting professional help to break certain destructive habits (such as excessive gambling, drinking, or an addition to prescription drugs).
Living Apart
This occurs when both parties are no longer living under the same roof, but no action has been taken to legally divorce. You will want to consult with a family law attorney in order to see if any property rights have been lost as a result of living apart. People who live apart are generally viewed as financially independent, and any debt incurred will most likely remain the responsibility of each individual.
This arrangement may be the answer for two people who need to work on very destructive patterns, but need the indefinite time and space apart to work through the issues in a healthy way. It can also be an opportunity for live out the reality of the practical implications of divorce, and to experience complete financial and emotional independence from the other person. This will either motivate one or both parties to make necessary changes to reconcile, or may prove to be a healthier arrangement for all parties involved.
Permanent Separation
This occurs when you have decided that the marriage is over, and you want to be completely separate from the person in all aspects of marital responsibility. This is when you would contact your family law attorney to pursue divorce proceedings. Permanent separation is the option for those who have exhausted all other possible avenues for restoring the marriage. Whether one person failed to attend the AA meetings as promised, or marriage counseling did nothing to help with the ongoing issues, or one party decided to walk away with someone else: the marriage has no hope of surviving, and your last option is to permanently separate.
At this point, you would contact our family law attorneys, so that we can give you a free consultation and determine what specific issues you are facing. The situation is already complex and difficult – let us work to defend and preserve your rights.
Legal Separation
Legal separation is not practiced in Florida, even though a legal separation agreement can be made with the help of your attorney.
Why Do People Separate Instead of Divorce?
Separation agreements allow couples to establish all the terms of their separation formally, from economic responsibilities to personal conduct. People seek marital separation for a variety of reasons:
- Some are not ready for divorce
- Some seek separation for moral or religious reasons
- Some want to avoid the economic consequences of a divorce
It is important to recognize that while marital separation agreements resolve many of the same issues as a divorce settlement, couples that are separated are not divorced and cannot remarry. We strive to protect the current and long-term interests of our clients seeking separation agreements.
Protecting the Rights of People Seeking a Marital Separation
Marital separation agreements are often the basis for divorce agreements when couples are unable to resolve their differences. Consequently, it is important to seek legal advice prior to signing any separation agreement. Many of the issues involved in a marital separation agreement are the same as those in a property settlement agreement:
- Property distribution
- Child custody and visitation
- Spousal support
- Division of debt
Contact our Miami-Dade and Broward County Marital Separation Lawyers
If you are considering separating from your spouse, please contact Gilbert & Smallman. Our Miami-Dade and Broward separation attorneys can be reached by phone at (786) 371-4431 or by e-mail, or by filling out the intake form on our Contact page.
