Should I Try a Trial Separation if My Marriage is Failing?

 Posted on January 20, 2022 in Divorce

Any married person can tell you that marriage takes work. Over the years, many couples find themselves exasperated and considering divorce. Financial stress, child-related concerns, infidelity, and countless other issues can harm a marriage relationship. However, it can be difficult to know when a marriage is truly beyond saving. This is why many married couples agree to a “trial separation” before deciding whether or not to get divorced. If you are thinking about a trial separation, keep the following things in mind.

Being Separated and Being Legally Separated Are Two Different Things

The term “separated” is often used to describe a situation in which a married couple is living separately but has not yet begun divorce proceedings. Usually, when couples talk about a trial separation, they are referring to an informal agreement to live separate lives for a certain period of time. This situation should not be confused with a legal separation.

When couples get a legal separation, they have the opportunity to divide marital assets and debts and address other divorce issues like child support and child custody. Legal separation allows couples to protect their financial interests while keeping the marriage intact. If spouses are living separately but not legally separated, these legal protections do not exist. Any property or debts accumulated by either spouse may be considered marital property and therefore jointly held by both spouses. This property and debt would need to be divided during divorce.

Is a Trial Separation Period Right for Me?

Only you can know if a trial separation is right for your relationship. Some people find that a trial separation allows them to cool off after an argument and reassess their marital problems calmly and rationally. Others attend marriage counseling or individual therapy sessions during a trial separation to work on their own personal issues. A trial separation can also give spouses the opportunity to experience a preview of what divorce life may be like. On the other hand, a trial separation may drive you and your spouse further apart.

Contact a Kane County Divorce Lawyer

Whether you are ready to get separated or divorced, or you are simply exploring your options, a St. Charles divorce lawyer can help. At Goostree Law Group, we know that divorce can be complicated on a personal, legal, and financial level. We are ready to help you address your divorce needs and guide you through the process. Call us today at 630-584-4800 for a free, confidential consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

https://www.verywellmind.com/could-a-trial-separation-actually-save-your-marriage-4846984