You’re reading this because you are looking for ways to deal with your marriage crisis. Perhaps you and your spouse have been fighting over money, infidelity, or parenting style. In the back of your mind, you believe you are falling out of love. You might be a survivor of domestic abuse. Perhaps you think that you can have a better life outside of marriage.
You are here because you believe that divorce is the only option you have. It is this thinking that makes talking to an expert in family law in Santa Fe essential. It’s not the only solution available to you.
One of the simplest ways to deal with marital issues is a trial separation. It’s when couples decide to live apart for a while. There’s no timetable, but both parties are open for reconciliation.
What happens during this time? The couple can have the breathing space they need to think and sort out their feelings. There’s no dissolution of marriage, so both can still enjoy marital assets and are responsible for shared debts. At some point, once hot heads cool, they can meet again, talk about their issues, and lay out a workable plan to ensure the problems won’t happen again.
It’s also possible during the trial separation the couple realizes that they’re better off as friends or far apart. It means that they can no longer be back together.
If you are still undecided whether to pursue a divorce, consider permanent separation first. The assets still belong to both of you, but you can already start talking about their division and how you want to proceed from hereon. It is also a good strategy if you have kids. Divorce creates a significant negative impact on children even as they reach adulthood.
A separation stage will not make the process of divorce easy, but it can smooth out the transition. It will also give you enough time to be clear of your goals and to go through the process in a more loving and peaceful place.
A legal separation receives recognition from the court, and the process can be similar to divorce except for one thing: it doesn’t end the marriage. The wife, for example, can choose to retain her husband’s family name. But they are no longer living together, and they can already be a division of assets and financial responsibilities. They can also talk about custody and debt.
In some situations, a legal separation can be better than divorce, especially if the couple doesn’t intend to marry at least shortly. Both spouses can take advantage of each other’s health coverage and tax benefits. Couples filing jointly can enjoy higher tax deductions than single filers, which you will be once you divorce. Legal separation is also quicker and easier to do than divorce. It can then spare the family with more heartaches and headaches.
Whether you like it or not, divorce will create a stigma on the children, so you might want to hold it off until they’re mature enough to accept the separation. Which road should you take? Only both of you know, but when necessary, don’t be afraid to get help. After all, it’s also a way of helping your family survive the problem.