Being Informed about Separating before a Divorce

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Being Informed about Separating before a Divorce By Expert Author: Charles Sellestor
View Summary \| Submitted: 2008-05-30 \| Word Count: 522 words \| Views: 340 view(s)

Before a couple seeks divorce, separation is the usual precursor. There are a number of things couples need to do before seeking a divorce settlement. From finding the right attorney to getting your finances in order, a number of divorces have long periods of separation before they are finalized.

In order to be allowed to divorce a spouse, most states require a separation first. In many states, you have to be separated from your spouse for a particular amount of time before you can start a divorce proceeding. This means that you have to actually be living in separate places, not just sleeping in different beds within the same dwelling.

Most of the time separation is voluntary, although desertion does occur. When a spouse leaves with no intent to return to the relationship, it is referred to as desertion. When a spouse forces the other spouse to leave, like in cases of abuse, it is known as constructive desertion. Since, in this case, leaving is a necessity for the safety of all involved, the court will not accuse you of desertion.

Of all the proceedings that occur during a divorce, separation is usually the beginning. Separation is intended to give both spouses the opportunity to divide up personal property and figure out who will live in the marital residence. When children are involved in a divorce settlement, the separation period is when parents choose where the kids will live. It can also be a time when parents discuss custody issues such as whether or not joint physical custody is a possibility. Other things can be settled during the separation period as well. Spouses choose between vehicles, pets, furniture, or even electronics. When the separation period is over and no plans of reconciliation are possible, then both spouses need to begin consulting with their attorneys.

During the separation time before divorce you can get your personal finances in order. This is very important because, if your ex-spouse is unable to make payments on anything in the future, it will prevent creditors from coming after you. You may have to give your attorney a complete account of your finances, including all liabilities and assets. You should also tell your spouse that you are canceling all joint credit card accounts, opening new ones that are only in your name.

You can have any stocks you own reissued in your own name as well. If you both used the same broker for your accounts, it is wise for you to look for a new one. You will need to make changes to your will or trust in order to remove references to your spouse. Write down all the changes, make copies of any documents, and record them into a file for the divorce settlement.

When a couple contemplates divorce, separation can be a period of time to help both individuals step back and evaluate their marriage. In some cases, divorce settlements never emerge out of separations because both parties are able to resolve their issues. Perhaps this is why the courts often require a separation period as a way to show couples all that is involved when dividing up two lives.

About the Author/Author Bio

Charles Sellestor, a family counselor has witnessed couples who are looking for Sacramento family law services to find a good Sacramento family law attorney. He realizes that separation doesn’t work and finding a divorce lawyer in Sacramento is the only option left. He works hard to see that couples resolve any differences before taking that final step.

Article Source: http://www.articlesphere.com/Article/Being-Informed-about-Separating-before-a-Divorce/144090

Article Tags: attorneys lawyers, sacramento family law attorney, sacramento family law, divorce lawyer in sacramento, sacramento divorce attorney, sacram

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