Understanding the different types of separation

Maryland residents who might be having marital problems may be interested in how separation. Unlike divorce, a couple that is legally separated is still married, but a number of issues that are common in divorce proceedings might also be discussed in separation orders. Such things as property division, child custody and maintenance, and support obligations might all be included in separation proceedings.

There are also a number of different types of arrangements beyond legal separation and divorce. For example, some couples might opt for permanent separation. Under this arrangement, debts or assets accumulated by the married individuals may be considered separate property when a divorce occurs. Other couples might also choose to live separately. These arrangements may be common in jurisdictions that require a separation period before a couple might file for a no-fault divorce.

In some cases, a couple might opt to engage in a trial separation. This type of arrangement has no legal bearing on marital status. In addition, any properties or debts acquired by the individuals may still be included in a subsequent divorce as marital property because this separation period is seen as a part of the couple’s marriage as a whole.

As with most legal issues, the rules and effects of certain arrangements may vary between jurisdictions. In order to protect one’s interests, an individual who is facing an imminent divorce or separation might consider consulting a lawyer. That lawyer may be able to explain how state laws might affect divorce proceedings. That lawyer could also represent a client’s interests during meetings with the other party when negotiating property division, support and custody.

Attorney Rebekah Damen Lusk

Attorney Rebekah LuskRebekah Damen Lusk is the Owner at Lusk Law, LLC. Rebekah brings personal experiences as a small business owner, real estate investor and landlord to the task of practicing law and working with clients. Her practice includes civil litigation, business, employment, landlord/tenant, real estate, family, equine and animal law. [ Attorney Bio ]

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