While divorce and separation have a few similarities, they are not the same. A separation is when a married couple decides to separate. Whether it is a short-term or long-term decision, the couple has chosen to remain legally married but divide their debts, assets, and responsibilities.

Continue reading to learn about the three different types of separation below.

Information on the Three Types of Separation

There are three types of separation. While only one will change your legal status in most states, all three of them can affect your legal rights.

1. TRIAL SEPARATION — If you and your spouse need time apart or a break from your relationship, you can opt to live separately and decide in the meantime whether you want to reconcile or divorce. The same legal rules apply to trail separations as married couples when it comes to property ownership. For example, money earned and property purchased will likely be considered joint assets depending on your state’s property ownership laws.
2. PERMANENT SEPARATION — Permanent separation is when you and your spouse live apart and do not intend to reconcile but have not yet divorced. Living apart in some states can change your property rights as spouses. If you and your spouse do not intend to reconcile, then income, property, assets, and debts acquired during your separation will typically belong to the spouse who acquired or incurred them. Knowing and agreeing upon the exact date of permanent separation can help you and your spouse avoid heated and contested conversations in your divorce process.It is important to note that a brief reconcile (i.e., going out or spending the night together) can change the date of separation. This may affect your assets, property, and debts, meaning a debt you thought was strictly your spouse’s may become shared.
3. LEGAL SEPARATION — Legally separated is entirely different status than divorced or married — you are no longer married, but are not divorced either and cannot remarry. In many states, a legal separation can be granted by filing a request in family court. The court’s order about the legal separation will include information on property and asset division, alimony, child support, and visitation, just as a divorce decree would.

Couples opt for legal separation instead of a divorce for various reasons, such as religious or personal beliefs or the desire or the pressure to keep the family together for the children’s sake legally.

Contact The Ault Firm, P.C.

Whether you are getting a divorce or have chosen one of the different types of separation, the end of a relationship is never easy. If you are in the Salt Lake City or West Jordan, Utah, area and require an experienced family law attorney, contact the knowledgeable team of professionals at The Ault Firm. With decades of experience, our lawyers can help you navigate this challenging time and provide comprehensive legal representation. Let our professionals guide you through this complicated process by scheduling your case review today.

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Determining whether to get a legal separation or divorce can be overwhelming and confusing. Before you can decide, it is important to thoroughly understand their similarities, differences, and the legal and emotional aftermath that each option brings.

Read more about the differences and similarities between the two below.

Are Legal Separation and Divorce the Same Thing?

Divorce and legal separation are not the same things. However, there are some similar effects between the two. Both divorce and legal separation legally allow space between you and your spouse. They create boundaries and a clear division in your lives by which you are legally required to live. Where you live and your finances are all separate. Even child custody, child support, spousal support/alimony, and the division of marital assets and debts are all court-ordered.

A significant difference between these two is that your marriage is legally and formally over when you divorce your spouse. You can live your life as a single individual and are free to get remarried. However, when you legally separate, you are still married to each other. You will continue to check “married” on forms, and you are not able to remarry. You still have the legal right to inherit from each other. Lastly, a child born to a married woman is legally considered the child of the mother’s spouse, unless proven differently.

Why Get Legally Separated Instead of Divorced?

Choosing a legal separation or a divorce is typically a matter of personal preference between spouses. Some couples have religious or personal beliefs that do not allow for divorce, but a legal separation allows completely separate lives while remaining married. This way, you are still entitled to a handful of benefits, like pensions that pay surviving spouses and Social Security

Legal separations are a common stepping stone for those on the path to divorce. This pit stop allows couples to settle important matters, such as financial or custody issues while remaining married and determining what they each genuinely want. A legal separation can be reversed, while a divorce cannot. Some couples choose to legally separate instead of divorce for their kids because it sounds less devastating or as permanent as divorce.

Required Separation Before Divorce

Some states require spouses to separate before they can divorce under certain grounds. A waiting period must be met where you live separately and apart before a court will grant a divorce. However, in other states, legal separation is not required and can be grounds for divorce.

Contact The Ault Firm P.C.

There is nothing easy about legal separation and divorce. If you need formal distance from your spouse but are not ready to commit to a divorce, a legal separation may fit your situation. If you are considering legally separating or getting a divorce, it is important to seek representation from a knowledgeable divorce attorney. The experienced team of lawyers at The Ault Firm are here to offer guidance and support and will work to protect your best interests and rights. Contact us to schedule your case review in the Salt Lake City and West Jordan areas in Utah.

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Learn more about what you should avoid doing during your separation in today’s blog post below.

Don’t Stifle Your Feelings

Divorce will make you feel many different emotions. It is entirely reasonable to feel every emotion under the sun. Let yourself feel those feelings. Working through them helps to bring clarity and lifts the haze that separation can bring.

Many people amid a separation seek the counsel of a therapist or life coach. A counselor or coach can aid in processing feelings, help you gain insight and perspective, and can improve your communication skills. You and your spouse may want to consider doing couples therapy to work through any issues together with an unbiased third party.

Avoid Saying or Doing Something You’ll Regret

Because you will likely feel many different emotions, you mustn’t let your emotions take over and get the best of you. Your relationship with your spouse will be better if you do not act out of passion (especially when it comes to being angry, frustrated, or jealous).

Be cautious of what you say and how you say it. Be careful of your actions and behavior. You do not want to say or do something that you wouldn’t want your children or a judge to know. Keep your words and actions respectful, courteous, and gracious.

Do Not Make it Public Knowledge

Keeping your separation on a need-to-know basis will benefit you and your relationship in the long run. As soon as people learn about your separation, they will form an opinion. It is likely these people do not know the full story and may make negative judgments that don’t go away.

If you hope to reconcile your relationship, do not involve unnecessary people. Share your news with those you trust and are close to you, those that have to know, and, if applicable, your counselor.

Do Not Involve the Children

Separation is incredibly complicated in and of itself. However, when children are in the picture, it is even more complex and changes everything. The complexities of separation can cause the big picture to be lost, and children end up taking the brunt of it. This can cause kids to become anxious and feel as though they need to pick sides.

Do not involve your children in the confrontation. Do not argue in their presence. Do not discuss details or intricacies of your separation around them. Avoid putting them between you and your spouse. Speak kindly and respectfully of your spouse in front of them.

Contact Ault Firm, P.C.

Do not go through your divorce without proper legal representation. The legal team at Ault Firm is committed to providing the best representation, advice, and counsel throughout this challenging time. Contact the experienced attorneys at Ault Firm today.

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For those sharing custody of their children, ties cannot be severed entirely with an ex. You still need some sort of relationship with one another to make parenting work. This is where parallel parenting comes into play.

Continue reading if you would like to learn more about parallel parenting and the keys to being a successful parallel parent.

What is Parallel Parenting?

Parallel parenting is a parenting style for divorced parents that allows each parent to disengage
from one another while raising their children. Parents have limited contact with one another to avoid contentious situations.

Parallel parenting is all about keeping the peace, setting aside differences, and putting the children first. In ideal parallel parenting cases, there is little to no verbal communication; almost all contact is through either text, email, or a mediator.

Both parents address the “big” decisions (medical, education, religion, etc.) together; however, each parent will parent how they wish during their allotted time. Smaller, day-to-day decisions are to be handled by the parent the child is with. Parallel parenting works best when both parents agree to stick to “the rules” and not interfere with the other’s right to parent.

Why Parallel Parenting?

Figuring out the logistics of parenting alongside your ex-spouse is not only tricky but can also be frustrating. Often these situations are not amicable, and co-parenting is not a realistic option. Parallel parenting is ideal for parents that have gone through a high-conflict divorce because it requires the least amount of contact and interaction between the parents.

Parallel parenting is not a one-size-fits-all method and can be tailored to each family’s specific needs. Parallel parenting puts the attention, focus, and emphasis on the kids. It allows each parent to have and nurture a relationship with the children while avoiding potential conflict with the ex-spouse.

What are the Keys to Successful Parallel Parenting?

Acceptance of Limited Control: Successful parallel parenting means to accept the limited amount of control you have. You cannot control the other parent’s time and what is done during their time.

Minimal Contact: Avoid verbal contact if the situation is hostile or unfriendly. Communicating with an uncooperative ex-spouse is often tricky. Limit your communication to email/text and avoid unnecessary interaction.

Communicate in a Respectful and Business-Like Manner: When communication is necessary, do so in a respectful and business-like manner. To do this, you should keep things brief and to the point, include all the essential and relevant information, be courteous and kind, and respectfully firm when necessary.

Contact Ault Firm, P.C. Today

Nothing about parallel parenting is easy. It requires patience, dedication, and respect from both parents. Divorce is stressful and shouldn’t be handled alone. If you are going through a divorce and need legal representation, call the experienced attorneys at Ault Firm today.

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In today’s post, we will be discussing several guidelines you may want to set in place before beginning your trial separation. Continue reading to learn more.

Set Rules and Boundaries

If you or your spouse have any rules or boundaries you want to set, write them out clearly to avoid any confusion or potentially awkward moments. Set these limits up so that they are black and white. Any grey area can lead to confusion, so make these rules and boundaries as black and white as possible. This includes rules on seeing each other, intimacy, time with children, etc. Make the rules now and follow them.

Set a Timeline

Both parties should agree upon a time frame for the separation, especially if children are involved. Separations can last only a few weeks, or they can last for months. The longer the separation is, the likelihood of reconciliation diminishes. Ideally, trial separations are three to six months. This allows proper time and space without feeling rushed.

No New Relationships

It is important to remember that separation and divorce are not the same things. You are still married; therefore, it is not the best time to start a new romantic relationship. The goal of a separation is to give the needed time and space to gain clarity. The addition of a new relationship can further complicate the situation, making problems even worse and more difficult.

Commit to Staying Committed

Assuming the goal for your separation is reconciliation, try to remain committed to each other and to try to make it work. Whether you see a couple’s counselor together or discuss things without a third party, continue to work on bettering your relationship and working out the kinks. Both you and your spouse should use the separation time to reflect and try to understand the other person and any concerns they may have. The most successful of people, according to Stephen Covey, first seek to understand the other than to be understood themselves.

Map Out Finances Now

It is wise to make a game plan concerning finances beforehand. Set clear expectations and responsibilities for your shared money. Keep in mind that living separately will be more expensive: two rents/mortgages to pay, two refrigerators and pantries to stock, etc. Determining how your finances will work beforehand will help things run more smoothly.

Call on Ault Firm, P.C. for Your Legal Needs

The details leading up to your separation can help determine its outcome. Planning and following these guidelines can help you make the most of your separation. If you have questions regarding separation or divorce, call the knowledgeable attorneys at The Ault Firm today.

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Learn more about legal separation.

Understanding Legal Separation

Many people confuse legal separation with divorce, but they aren’t interchangeable. Divorce is permanent, whereas legal separation is temporary. Some couples discover a brief split is just what they needed to work through their problems, and it may strengthen their marriage. Others develop newfound freedom and grow uninterested in marriage, so the separation leads to divorce.

See how a legal separation can benefit your relationship.

What Are the Benefits of Legal Separation?

Believe it or not, legal separation can help you repair your marriage, and it may even enhance it. Spending too much time with one person leads to inevitable arguments, but after staying away from each other for a few months, communication between both of you may strengthen.

Some advantages include:

• Retaining your marital status for religious reasons
• Retaining military benefits
• Giving a couple a few months to live independently to see if divorce is right for them. A separation agreement establishes how everything will be handled while the couple lives apart.
• Remaining married for a decade to qualify for social security benefits
• Continuing to receive insurance benefits through your spouse’s coverage
• Enjoying tax benefits by continuing to file them jointly
• Protecting your financial interests. Assets and debts acquired during separation are separate property.

Ultimately, if a couple proceeds with divorce, a judge can convert their separation agreement into a divorce agreement.
Take separation seriously because if you and your spouse end up splitting permanently, a judge may assume you’re both fine with the arrangements made in the separation agreement. They may rule there’s no basis to make drastic changes to a divorce agreement, so don’t agree to anything you can’t live with.

How Can I Make Separation Go Smoothly?

Although separation isn’t permanent, it’s still a difficult period of uncertainty. Here are three guidelines you can follow to help you get through this:

• Seek Support: Although some people keep to themselves, it’s best to reach out to your friends and family during separation. Isolating yourself might only make you feel sadder, and it may lead to a streak of un-productivity.
• Set Ground Rules: Ground rules are a must to retain trust between both parties. For example, if one spouse expects daily updates, but the other doesn’t want to communicate during separation, this may harm your chances of mending the marriage. Communicate expectations before going separate ways.
• Define Goals: Remember, you and your spouse may not share the same end goal. Perhaps you want to end the marriage permanently, but they want to work things out. Discuss the possible final result of the separation every few weeks so both parties are on the same page and can plan their future accordingly.

Contact The Ault Firm, P.C.

If you’re certain legal separation is right for you, but are afraid of experiencing a negative outcome, you should work with a legal separation attorney. An experienced attorney from The Ault Firm can provide you with sound legal advice and represent you in court. Contact us today.

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Below are the Top Four Benefits of Obtaining a Legal Separation.

1. Legal Separation Is Reversible

Some people interchangeably use the terms of the divorce and legal separation because they’re similar. However, it’s important not to mix the two up, especially if you and your spouse don’t want to end your marriage permanently. Asking for the wrong documents can result in months of court hearings and an irreversible, costly divorce.

The main difference between a divorce and legal separation is reversibility. Legally separated spouses can reconcile without having to remarry. In contrast, divorce is permanent, so couples who file for divorce but change their mind later must get married again.

Additionally, legal separation allows couples to see what it’s like to live away from each other. Some couples treat it as a stepping-stone toward a divorce, but others use this experience to strengthen their relationship.

2. Legal Separation Is Cheaper than Divorce

Legal separation can be less expensive than divorce, especially when both parties cooperate. In states that recognize them, both spouses need to sign these orders and submit them to their county court. A couple must also sign an agreement that stipulates the division of property and details provisions for child support.

Most importantly, this agreement protects you from being responsible for any debt your spouse acquires during separation if you live in an equitable distribution state. However, you may not be eligible for protection if you live in a community property state,

3. Legal Separation Is Easier on Your Children

Both divorce and legal separation can negatively impact your kids because they don’t want to see their parents argue. However, a legal separation may be more comfortable for your child to accept because they can hold onto the hope that mom and dad will get back together.

Your children won’t have to witness the potentially long, stressful divorce process. Moreover, they won’t deal with the psychological consequences of changing their last name. Retaining the same last name allows them to experience a tight family bond during a stressful time.

4. Legal Separation Is Less Stressful

Obtaining a legal separation probably won’t disrupt your personal life and workflow the way a divorce can. Both spouses can continue to function normally in their daily lives without worrying about the emotional turmoil of a divorce. Best of all, they won’t have to miss work to attend the various court hearings associated with drawn-out cases.

Contact The Ault Firm

Although legal separation is easier to navigate than divorce, going through court hearings without an attorney’s guidance is never easy. The legal separation attorneys at The Ault Firm are here to help you during this difficult time. Contact us today.

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If you and your spouse have decided to mend the marriage rather than proceeding with a divorce, you’ll both have to confront what led to the separation in the first place. Did you both decide on separation because of a lack of communication? Does one partner get jealous too quickly? Before you both live under the same roof again, you’ll need to address any remaining concerns. Here are a few tips to ensure the reconciliation goes as smoothly as possible.

Accepting Change

Now that you and your spouse have lived separately, you must both accept the relationship has shifted; the chemistry you both shared before the separation won’t be the same. However, a change in relationship dynamics might be healthy for both of you, especially if the marriage was going stale before the separation. Once you and your spouse are ready to reconcile, it’s best to act like you both hit the reset button on your marriage. Acknowledge and forgive any past mistakes so you can both put the separation behind you.

Practicing Effective Communication

When you and your spouse talk about past mistakes, it’s essential to balance out the conversation with positive memories. Bring up a fond memory of a vacation you and your spouse shared or list all the attributes you admire about your partner. Try your best to avoid being too critical of each other’s pasts, as playing the blame game will only result in more strife. Remember, you and your spouse are trying to repair the marriage, not dissolve it. To ensure all communication remains civil when past mistakes come up, reflect upon what you did wrong, and verbalize it. Suggest beneficial solutions to make up for your past mistakes and consider your spouse’s input.

Saying Sorry

Fixing a marriage can feel like you’re back in kindergarten because you’re relearning basic social rules, such as the importance of apologizing when you’ve wronged someone. Although it sounds easy enough to say “sorry,” some adults have too much of an ego to apologize. You had enough time to reflect on your wrongdoings during the separation, and now’s a good time to tell your spouse everything with which you’re sorry. Avoid giving empty apologies and let your spouse know exactly what your sorry about and why. Your spouse must also apologize to you for their mishaps. 

Several marriages improve after legal separation, but some couples realize they aren’t happy with their marriage anymore and proceed with the divorce. If it’s time for you and your spouse to end the marriage, you’ll want to work with an experienced divorce attorney. Contact The Ault Firm today. 

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A legal separation results in couples either mending their marriage, or couples taking the plunge into divorce. Because of the more flexible nature of legal separation when compared to a divorce, some couples make the mistake of not taking this process seriously. Don’t agree to anything in a legal separation agreement that you wouldn’t agree to if you were negotiating a divorce settlement. Here is a guide to help you better understand the intricacies of legal separation.

Residency Requirements

Before you or your spouse can file for legal separation, you must both meet your state’s residency requirements. Residency requirements are the same for both legal separation and divorce. To find out if you meet your state’s residency requirements, you can research your state’s divorce laws. 

Legal Separation Petition

Once you and your spouse verify that you both meet your state’s residency requirements, you can file a legal separation petition with the court. It’s important to note that not every state recognizes legal separation. To find out if your state recognizes legal separation, you can contact an attorney, use online resources, or reach out to a court clerk. The state of Utah recognizes legal separation, which is also known as “legal maintenance.” 

Legal Separation Agreement

After you and your spouse have filed a petition, you will both work on a legal separation agreement. Legal separation agreements can cover child custody, child support, visitation rights, spousal support, disbursement of marital assets, debt payments, and several other issues. If you have minor children, you and your spouse can set boundaries that pertain to who gets to be around the children. For example, if you and your spouse begin to date other people, you can decide if your spouse’s new partner should be allowed near the children. 

Counter-Petitions

Clashes in ideas between you and your spouse are bound to unravel during the process of detailing a legal separation agreement. If either you or your spouse doesn’t agree on the provisions outlined in the agreement, you both have the right to file a counter-petition. Once you submit a counter-petition, you and your spouse will have to turn to a judge to settle the issues in which you both weren’t able to agree.

Although legal separation is ideal for couples who want to test out if divorce is right for them, this process can be equally as complicated as divorce. It’s best to work with a divorce attorney who will have your interests in mind. Contact The Ault Firm today to work with an experienced divorce attorney. 

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In most courthouses, judges will make a couple who is considering divorce file for legal separation first. This is the best for a couple to scale whether or not they want to finalize their separation with a final divorce. Some couples find that they are lonely and still hungover their husband or wife when they begin to test the waters of separation. 

Order of Legal Separation

After reconciling and discussing the need to reverse the legal separation, couples who wish to reconcile officially will need to obtain a copy of the original Order of Legal Separation. If you and your spouse do not already have a copy of this important document, then you can request one from the clerk of the family court where you first initially filed for legal separation. The only instance in which you and your spouse will not be able to obtain this document is if a judge never entered this order in the first place. If this is your situation, you and your spouse are not under a legal separation, and you two are free to get back together without taking any other legal action. 

Motion to Vacate Order of Legal Separation

If a judge did indeed enter the order, then you and your spouse need to draft a document called the Motion to Vacate Order of Legal Separation. Explain the matter at hand and list the docket number on this motion. Talk with officials at the courthouse who can explain to you how this motion needs to be formatted and styled. By not completing this motion properly, a judge can reject your petition, so be prepared to follow all the instructions given to you by the courthouse. 

When you file the motion, you’ll want to explain that you and your spouse don’t want to be separated any longer and that you have reconciled with that person. Make it a point to mention that your marriage has not been dissolved and that you and your spouse never filed for divorce or finalized a divorce. 

You will need the assistance of an experienced divorce attorney to guide you through the complicated process of drafting an appropriate Motion to Vacate Order. Contact our divorce attorneys at The Ault Firm today. 

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