Separation And DivorceDivorce as we all know is the definite and absolute dissolution of a marriage. It is quite predictably not a pleasant experience to go through. Depending on circumstances, a divorce may be one of the options or the only choice to be opted for. But as a rule, divorce proceedings are usually availed of after a considerable period of matrimonial disharmony, which drives the couple further apart, which in turn leads to a divorce. Separation and divorce are very difficult, and are different phases of the end of a marriage. During this phase of separation, the couples are finally aware that something is going wrong with their relationship and may be perceived either as a first step to divorce or as a first step towards negotiating and talking. Separation is a major stage for most people. This is a phase that may spell grief and feelings of loss for most people. In case of separation and divorce, you may go through these following emotions:
There are a lot of things that can be done during this particular time and not all of it is bad for your relationship. This may include your partner getting time to consider life without your presence in it, creating a nicer and more amicable atmosphere between the individuals, which may even trigger a fresh beginning for the relationship. The frequency of the meetings can be regulated as well and when it does come about, you can spend quality time instead of quantity time to prove that you are interested in saving the marriage. If however, reconciliation is not sought for, then getting a legal separation would be the best option. Unlike divorce, a legal separation does not dissolve the marriage but instead allows you to lead separate lives even though you are still married. During the separation process, the courts normally outline certain rules and guidelines pertaining to your individual rights and responsibilities while you are living apart. The issues that are discussed during the divorce may also be discussed during separations such as child custody, support, visitation and schedules and also debt and asset division. A legal separation also protects interests till a divorce is decided upon and also sets precedence for the same. Separation agreements may also be carried forward as divorce settlements if it is proved that you were satisfied with it during your separation time period. However, there are several benefits to a separation over divorce. This includes giving the couple time to decide whether they want to save the marriage or head for divorce, retention of medical, and other benefits which would otherwise end with divorce. Interestingly, a military spouse may stay married for 10 years to become eligible for the Uniformed Services Former Spouse Protection Act; social security benefits for a spouse may also be taken advantage of by staying in a marriage for 10 years, positive tax benefits may be obtained by filing tax jointly even after separation, and of course, the legal separation agreement can be changed to divorce agreement anytime a divorce is opted for. Therefore, when you are not sure about the status of your marriage, a separation can always be opted for till the time you make up your mind about getting a divorce or alternatively, it could tighten your marital bonds. |
|