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A trial separation is generally for couples that wish to live apart and separate from one another, but are not sure if they want to divorce or if they may eventually reconcile. In any separation, a couple will still legally be married, however, they will not engage in a relationship with one another. A trial separation allows them the time they may need to decide whether or not they wish to fix their marriage or end it permanently.
A trial separation is not considered a legal separation. Both parties are still considered legally married and all marriage rights and responsibilities still apply. The same rules of marriage must still be adhered to, in terms of ownership of property, division of assets, and childcare. In addition, neither spouse can engage in a relationship with anyone else.
Because conflicts about property, assets, money, or children can arise between spouses in a trial separation, it may be necessary to create an informal written agreement outlining how such issues will be handled.
Even though a trial separation is relatively informal and may only be temporary, it is still wise to seek the council of an family law attorney since both you and your spouse will want to protect your own best interests. With an experienced family law lawyer, you can work out the terms of your trial separation agreement so that you, your assets or properties, and your children are protected. Lawyers know how to create accurate separation agreements and they can ensure you cover all of your bases so conflicts later do not arise. Similarly, if you are already in a trial separation and an issue or conflict has come up, an divorce attorney can help defend your rights and find a solution for both you and your spouse.
If you are interested in a trial separation, knowing your rights and what is involved in such a separation is important. Having a family law lawyer can assure you that your parental rights, responsibilities, assets, property and relationship with your children are protected. A trial separation lawyer can help you resolve difficult matters and problems that may arise during your separation.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your family law lawyer referral.