Prior to going through a divorce, spouses go through legal separation. In order for the court to consider you and your spouse separated, you must be residing in separate dwellings. If you are staying back and forth from your home to your spouse’s, your state may not consider you and your spouse as legally separated. You cannot live in the same house and have separate bedrooms to be considered legally separated.
There is also something the courts recognize as desertion. Desertion can occur when either you make your spouse leave your home or your spouse forces you out of the home (constructive desertion). When desertion is concerned, this means that one spouse has no plan of returning to the home.
If you’re wondering what the first step is to separation, it really depends on your situation. The most important thing is to make a plan when you’re both calm and rational. Perhaps it would be in your family’s best interest to seek the advice of a trusted counselor before you make your separation plans.
Remember, the actions you take now may affect your legal rights should you get divorced. If you have children from your marriage, leaving your home in haste (unless you were protecting yourself) could influence the judge’s decision should you later seek child custody. The same goes true if you rely on your spouse for financial income and you later are seeking spousal support.
Anytime you and your spouse can come up with a written agreement, this can be used in court. If you are easily able to work out the marital possessions of who gets what, it will make this portion of your pending divorce go much smoother.
Before you work out all of the details of your separation with your spouse, please contact family law firm Head, Thomas, Webb & Willis. We can help you sort out a plan during this very difficult time. Our expert legal team are the specialists at handling separation and divorce cases. The sooner you contact us, the sooner we can get started on putting together a legal separation that has your best interests in mind.