Many couples who are having problems in their marriage still hope for a positive outcome, so instead of opting for an outright divorce they decide to have a trial separation instead of a legal separation. While time away, and time to miss your spouse, from a marriage can certainly let you know what you are missing, filing for a legal separation instead of a divorce in Rock Hill, SC can often backfire on you as well.
According to who you are talking too, many couples feel that a trial separation just pushed them further apart, and they ended up in divorce court anyway. While this can be considered a waste of money and time to some, to other couples at least it shows that they tried. With that being said, read on below for a few of the pros and cons to applying for a trial separation over a legal separation and divorce.
What is the Difference?
Many couples wonder what the difference is in a trial separation and a legal separation. A trial separation, in reality, is an agreement that the two spouses come too informally. They agree to live apart for a certain amount of time to see if they can work out their problems. A legal separation involves lawyers, contracts and a splitting of the bills. There will be an agreement drawn up that specifies things like who pays the bills, who gets the children, who pays child support, and who lives where during the separation process.
Pros of a Trial Separation
• A trial separation gives you the time you need to cool off and evaluate where you are in your marriage. It gives you time to miss your spouse and decide if this marriage is really worth fighting for.
• You don’t have to shell out money for an attorney and lawyer fees only to go back to your spouse, and all of the money be lost.
• A trial separation also gives you time away from the marriage to figure out just what went wrong and what role you played in the downfall of your marriage.
Cons of a Trial Separation
Of course, anywhere there are advantages, there are going to be disadvantages as well. Read on below for a few of the cons of trial separation over separating the legal way.
• All financial obligations are still the responsibility of both of you. For example, if your spouse decides to go out and buy a 50-foot boat during your separation and then doesn’t pay for it, you are just as liable as your spouse when it comes to the backlash. If you have a legal separation, you couldn’t be held responsible.
• Any bonuses that either of you gets at work or for example if one of you wins the lottery during the trial separation, if you should go through with a divorce, it would have to be split 50/50 as marital property. If your separation is noted and legal, then you would be covered and not have to split the money.
These are just a few of the pros and cons of trial separations over a legal separation. For more information on the two, visit the professionals at Harden Law today.
