Trial Separation versus Legal Separation?

We often meet with potential clients who are currently living in a “trial” separation. During a trial separation, the couple lives apart, although they have not filed for divorce or a decree of separate maintenance and support (known as a “legal” separation). Some couples separate at the advice of a counselor, while others separate at their own discretion.

The parties can take time to end bickering, evaluate feelings, and determine the issues between them before making the final decision to seek a legal separation or divorce. The decision to try a trial separation is informal, but agreeing on some ground rules can not only ensure that the trial separation is most effective but also help protect your legal interests if you choose to seek a divorce.

Consider the Following for Trail Separation:

1. Go to couples counseling. A counselor can identify underlying conflicts and resolutions. You may want to engage in individual counseling as well.
2. Set goals. Consider what it would take for you to reconcile and work towards those goals. However, you will need to be flexible and ensure your goals are mutual.
3. Establish boundaries. Consider an end date for the separation period. Determine the frequency and types of communication. How often will you call or text one another? Can you stop by unannounced? Set boundaries for friendships and relationships with people of the opposite gender. Many times, a third party can “comfort” or “listen” but end a relationship altogether because your trust is broken.
4. Make an effort. Engage in activities that will allow you to take care of yourself. Moreover, Do the homework from your counselor. Be honest with your partner about your needs.
5. Stay reasonable and positive. Your partner and you will not change overnight. Each of you will need to determine what constitutes progress or your breaking point. Yet, the separation cannot work if you do not stay positive. Mutual optimism is the only path to staying connected with your partner.
6. Seek legal advice. Potential clients often wonder how their rights will be affected if they choose to forego their trial separation and pursue legal separation or divorce.

Again, while we wish you all the success in a trial separation, your circumstances can affect a legal separation or divorce.  If you are considering a trial or legal separation from your spouse, please contact the experienced attorneys at Hyde Law Firm, P.A., 864-804-6330. They are prepared to counsel you and protect your interests.
Spartanburg Family Lawyer, Spartanburg Divorce Lawyer