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Evaluating the Benefits of Separating Before Divorce

Benefits of Separating Before Divorce

Family law in the Woodlands is potentially complex, and therefore couples considering divorce should consult individually with a divorce lawyer. Even when a split is amicable, divorce is often a difficult and emotional process. Divorce lawyers sometimes advise couples who are considering splitting up to separate for a period of time before filing for divorce. Continue reading to learn more about the benefits of separating before divorce, which includes allowing both parties to retain the benefits of marriage, giving each spouse emotional space to process the split, and allowing a couple to negotiate (rather than litigate) the terms of child support, child custody, and property division.

Marital Benefits Separation
Divorce lawyers regularly counsel clients that separating before divorce allows spouses to retain the benefits of marriage as they come to a final decision. So if you are unsure about whether or not you want to file divorce papers, you can consider meeting with attorneys to negotiate the terms of a separation instead. Because couples who have separated are still married in the eyes of the law, they continue to share benefits like health insurance coverage and perhaps tax benefits. For example, if one spouse does not have health insurance, a legal separation ensures that he or she will be covered for any medical problem.

Emotional Space
Family lawyers may also suggest separation before divorce so both parties can have the time and space they need to process the idea of a permanent split. The terms of a separation are not legally binding. After some physical and emotional distance, some couples decide to work on their marriage and never file divorce papers at all. Additionally, if one spouse has already come to terms with the idea of divorce, the other partner often needs time to reach the same conclusion.

Negotiation Period
When you and your spouse separate, you have more time to make difficult decisions about property, finances, and children. A divorce attorney may recommend separation before divorce to give couples time to negotiate such terms within their divorce. The decision to end a marriage is often painful and emotional, especially when children are involved so time can be a party’s best asset.