When a marriage is on the rocks, a separation period can help both parties clear their heads and decide what steps to take next. In most states, couples have multiple options when consideration a separation. These include an informal separation, a legal separation overseen by a court or a divorce. Each has different legal obligations and results.
Trial Separation
A trial separation, also known as an informal separation, is an arrangement by which a couple lives in separate dwellings, but remain legally married. A trial separation is a private decision made between the couple that does not involve a court. Since there is no court supervision, the couple must be able to agree on issues, such as child care and spousal support. If the couple is able to discuss and agree upon these issues, a trial separation may work.
Legal Separation
A legal separation is a period of separation between a married couple that is enforced by a court. Usually, during a legal separation, the parties are required to live at separate addresses. The court will oversee issues like child custody, child support and spousal support as it does during a divorce, but the couple remains legally married while trying to sort out their problems. Some states require a period of legal separation before a couple may file for a no-fault divorce. Also, some states will only allow a couple to remain legally separated for a certain period of time before deciding whether to remain together or divorce.
Divorce
A divorce not only separates the couple, but also ends their marriage. In most states, a couple can obtain a no-fault divorce, in which they must only show that the marriage has been irretrievably broken. Some states offer fault divorce, in which one spouse must demonstrate that the other has committed cruelty, adultery, or some other wrong that can dissolve the marriage. In states that offer both fault and no-fault divorce, a separation period may be required before the couple can file for a no-fault divorce. Since a divorce ends a marriage, it is a significant decision that may not be appropriate until the couple has tried a trial separation or a legal separation.
