It All Starts With Seperation Before Divorce

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It All Starts With Seperation Before Divorce - By: MIKE SELVON, Posted on: 2007-05-10

Before a couple seeks divorce, separation is the usual precursor. There are a number of things couples need to do before seeking a divorce settlement. From finding the right attorney to getting you finances in order, a number of divorces have long periods of separation before they are finalized.

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 where 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.

Of all the proceedings that occur during a divorce, separation is usually the beginning. Separation is intended to give both spouses the opportunity to divide up personal property and figure out who will live in the marital residence. When children are involved in a divorce settlement, the separation period is when parents choose where they will live.

It can also be a time when parents discuss the custody issues such as whether or not joint physical custody is a possibility. Other things can be settled during the separation period. Spouses choose between vehicles, pets, furniture or even electronics. When the separation period is over between to people, and no plans of reconciliation are possible, then both spouses need to begin consulting with their attorneys.

Before proceeding with a divorce, separation can be a time when you can get your personal finances in order. This is an important step to take because it will prevent creditors from coming after you if your ex-spouse is unable to make payments on anything in the future. Finances can include giving your attorney a list of all your assets and liabilities.

Then it would be wise to make all your credit cards in your name only, which means informing your spouse you will be canceling any joint accounts. If you own any stocks, then reissue them in your name. You may also need to search for a new broker if the previous one looked after both yours and your spouse's accounts.

If you have a will and trust, you will need to alter it to exclude your spouse. Finally, make sure all documents and changes are written down and recorded so you will have it on file for the divorce settlement.

When a couple contemplates divorce, separation can be a period of time to help both individuals involved step back and evaluate their marriage. In some cases, a divorce settlement never emerges out of a separation because both parties are able to resolve their issues. Perhaps this is why the courts often require a separation period as a way to show couples all that is involved when dividing up two lives.

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