Legal Separation in Rhode Island
Rhode Island Family Law Attorney
Divorce has a sound of permanence to it that may be too drastic for some married
couples going through a rough patch of their relationship. The thought
of completely dissolving the shared life they have worked on together
is simply too much. If you are feeling like your marriage needs to be
put on hold but divorce does not feel like the right answer, you should
consider legal separation.
In Rhode Island, legal separation is an additional barrier couples can
use between their marriage and a potential divorce. Its primary purpose
is to give spouses time to think and room to breathe without fully committing
to any major decisions. If you think that legal separation could be the
solution for you and your spouse, do not hesitate to call
401.216.4414 and talk to a Rhode Island divorce attorney from TJC ESQ.
Why do people love our Rhode Island divorce law firm?
What Legal Separation Will Cover
A divorce seeks to established rules and guidelines for basically all aspects
of your life, your spouse’s life, and the lives of your children.
A legal separation does, too, for the most part. Since legal separation
requires that you and your spouse live apart, you will have to discuss
a few keys aspects in particular that could become troublesome without
Your legal separation should address:
Spousal support: Living a comfortable life apart might mean providing finances to whichever
spouse makes the least income. A legal separation is supposed to create
time to think, not time to worry about basic expenses. Set up a fair alimony
plan with the help of our Rhode Island family law attorneys and your legal
separation is more likely to be beneficial.
Housing: You cannot live together for your legal separation to be considered official
by the Rhode Island divorce court. As soon as you know you would like
to separate, talk about housing possibilities. This may also be tied back
to spousal support if one parent needs to start renting a separate apartment.
Children: Who will get primary
custody of the children? Would you like to establish a balanced
visitation schedule? Will the primary custodian need
support payments from the other to keep the children happy and healthy? All these questions
and more regarding your children you share together must be considered.
Property Division, Or the Lack Thereof
One of the key differences between divorce and legal separation is the
division of marital property, or the complete lack of division. Since
you are not ending your marriage, marital property does not cease to exist.
If you receive inheritance while legally separated, it goes into your
shared assets. If your spouse falls into credit card debt during the separation,
it is technically half your debt as well. The closet thing you might come
to dividing property is figuring out who gets to keep the living room
furniture during the separation. With proper spousal support payments
decided ahead of time, it should not be an issue, as the person entering
new housing should be provided financial help to furnish it.
Ending Your Legal Separation
Religious reasons may keep you from fully divorcing your spouse and your
legal separation may persist for as long as the two of you live. For most
other couples, the separation will need to come to an end eventually,
as it is not ideal to be in the in-between for too long. If the time apart
has worked as intended and the two of you were able to work things out
with level heads, you may wish to dismiss the separation, filing for its
removal together, and effectively reinstate your marriage. If your time
alone has made you realize you want to be alone and without a spouse attached
to your left ring finger, you can tell the court you want a full divorce.
Remember that anyone can file for divorce for any grounds, so you do not
need your spouse’s permission to end the legal separation.
Call 401.216.4414 for Responsive & Caring Legal Advocacy
At TJC ESQ, our Rhode Island divorce lawyers are well-known throughout
all of Rhode Island for being compassionate and knowledgeable in all legal
matters pertaining to divorce and family law disputes. Ever since our
firm’s founding in 1989, we have helped hundreds of families stay
together, or peacefully separate. Whatever your wishes and goals for your
unique situation, we want to be the team that helps you accomplish them.
Contact us at your earliest convenience to begin learning more about legal separation.