In order to have a “legal separation” you must have a written document, signed by the parties

What is a Legal Separation?

This is a common question and is often asked in the following ways:

• “My wife/husband moved out of the house about four months ago and we didn’t put anything in writing, is this a legal separation?”
• “We think we want to do a trial separation – is this a legal separation?”
• “My wife/husband is running up our credit cards and I’m concerned about my liability – do I have any and would a legal separation help?”

Click Play Button below for audio on this topic: Or Click Here.

To begin with, let’s address the difference between a “trial separation” and a “legal separation.” When couples ask any of the above questions, they may be thinking of “trying” to separate for a period of time until they figure out whether they want to make the situation permanent of not. It is important to remember that in a “trial separation” there is no signed written agreement, so their marital status has not changed. In other words, you are still married in the eyes of the court and have all the requisite responsibilities of the marriage.

A “legal separation” or divorce is a written agreement that divides the assets and debts (which they have acquired during the marriage) and addresses all the issues about the children. In order to have a “legal separation” you must have a written document, signed by the parties. This document is a legally enforceable contract that covers everything from custody of the children; child support; a parenting plan; maintenance (alimony), if appropriate; and the equitable distribution of all the assets and debts. It is a detailed document that outlines in detail all the issues that have been addressed, negotiated and resolved by the parties.

Once the Separation Agreement has been filed, it doesn’t mean that the divorce is final. It simply means that you have the option from that point forward to file for an uncontested divorce. Under the new No Fault law, one spouse can simply state that there has been an irretrievable breakdown of the marriage. (The procedure for filing the divorce papers will be detailed in an upcoming article entitled: Filing for the Divorce Right Away.)

Once a couple has either mutually decided to live separately and apart, or one of the parties has moved out of the marital home, it is prudent to put things in writing so that there is no longer an obligation to each other except for the issues that are spelled out in your legal, binding contract.

Ada L Hasloecher
Mediator / Founder

Phone Us At: 631-585-5210
Note that ALL calls are Confidential!

or eMail Us At:
Info@DivorceandFamilyMediationCenter.com

Note: There is a print link embedded within this post, please visit this post to print it.

A Divorce Mediator guides and facilitates the voluntary agreements divorcing couples make with each other.

What is Divorce Mediation?

In general, mediation is voluntary process in which an unbiased, impartial third party helps people negotiate with each other to create and develop their own agreements.  Divorce mediation focuses on the couple, their children and the well being of the entire family as it transitions into a new family structure.  In this self -determining process, the mediator, as a neutral party, helps to put the decision making in the hands of the couple by guiding and facilitating the voluntary agreements they make with each other.

In mediation, the parties determine for themselves what is ultimately in their best interest and the best interest of their children.  Mediation puts the decision making into the hands of the participants and with the guidance of the mediator the parties work through the issues until they reach mutually agreeable resolutions.  The spirit of mediation is that there are no winners or losers, including, of course, the children.  It is in this spirit that couples are able to negotiate with each other in good faith and for the welfare of all concerned. In a litigated divorce, each party is represented by an attorney and the lawyers do the negotiating for you.

A Mediator is a highly trained professional in conflict resolution.

There is a misleading perception that in order for mediation to work the couple must get along and have their issues worked out in advance.  This is simply not true.  It certainly helps if the couple has some idea about what they would like to do, but it is not necessary for a mediation to be successful.  A mediator is a highly trained professional in conflict resolution and knows how to keep the couple on track, minimize conflict, find common ground and advance mutual interests. Even in cases with high conflict and high net worth couples, many have successfully completed mediation and expressed satisfaction that not only were their needs met but felt relief that the process enabled them to feel dignified and respected.

Mediation does require a willingness to cooperate, full disclosure, and an ability to negotiate in good faith. We welcome couples who may feel uncertain of their ability to mediate together.  Our experience has shown us that couples who may fall in that category find that once they come to the table, they are able to talk through their differences, find common ground, and negotiate a workable solution that benefits them both.

Mediation Provides - Agreement - At Last!

After completion of the mediation, a Memorandum of Understanding (MOU) is written up.  This is a document that details all of the agreements that have been made between the parties.  The MOU can then be converted into a legal document (either a Separation Agreement or Stipulation of Settlement).

How Long Does Mediating a Divorce Take? Or Click Here.

Have Questions or Concerns?

Call or eMail Us Today
to Schedule a No-Cost, No-Obligation,Phone Consultation With One of Our Mediators

Phone Us At: 631-585-5210
Note that ALL calls are Confidential!

or eMail Us At: Info@DivorceandFamilyMediationCenter.com

Note: There is a print link embedded within this post, please visit this post to print it.