Charlotte Divorce Lawyer Blog
What is a Trial Separation?
When couples get married, they dream of happily ever after. Unfortunately, that does not always happen. There are bumps in the road for most marriages, and spouses need to learn how to navigate them. Sometimes, partners need to take some time away from each other to try to work through their differences and decide whether to stay married or end their union. If you are looking for a temporary situation, a trial separation may be an option. It is helpful to understand how a trial separation works and how you move forward.
A Trial Separation is Not a Legal Separation
A trial separation is not the same thing as a legal separation. A trial separation is a private agreement between married parties. The trial separation is often used as a tool to allow couples to evaluate their marriage before they make a final decision to divorce. In North Carolina, couples who wish to seek a no-fault divorce must live apart for a period of one year before they can proceed. However, a trial separation does not meet the criteria for a separation prior to divorce. In order to be considered a separation for purposes of divorce, the parties must live apart with the intention to divorce.
Tips for a Trial Separation
There are no hard and fast rules governing a trial separation. There are a few things you will want to keep in mind if you want to go this route. Before you separate, discuss your expectations with your partner so you are both on the same page. Set some guidelines that provide for how you will pay for things during this time period. You will also want to decide when you and your spouse will have communication, as well as how long the separation will last. You may want to combine a trial separation with couples counseling to help make the experience more productive. If you are contemplating divorce, it may be a good idea to create a legal document.
Legal Issues in a Trial Separation
Although a trial separation is generally meant to be short-term, it can be beneficial to use a legal document to outline specific details. You are still married during this time, and therefore, your income and debts will still be considered marital property. Marital property is divided equally in a divorce in North Carolina. A legal document will define how couples are to handle finances during this time. It can also include information about child support and visitation. By having this type of document in place, you can avoid some of the pitfalls of separation. If you choose to move forward with a legal separation, you can reassess the document.
Contact An Experienced Attorney
A trial separation is helpful in resolving some marital issues in some cases, while in other cases, this option is not useful. You will want to understand and agree to the reason for the separation in order to get the best results. Whether you are planning a trial separation or are making the decision to separate and divorce, getting guidance from an experienced attorney can help. Your lawyer will assist you through the process and provide you with useful guidance to protect your assets during this period of time. Contact us today to schedule a consultation at Arnold & Smith, PLLC, at (704) 370-2828.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.law.cornell.edu/wex/marital_property
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