When reviewing marriage laws, you will not find anything about legal separation, but you will find laws pertaining to divorce proceedings and the separation of marital assets. While deciding to end a marriage is difficult, and often occurs after great self-reflection, it is essential to understand the divorce process before leaving your current relationship. However, it is understandable if you are worried about your safety. Still, deciding to leave a marriage does require some forethought and preparation with a divorce lawyer, like from the Law Office of Daniel Wright.
Separation of Marital Assets
It is crucial to understand how vacating a marriage will affect marital assets. Depending on the circumstances when you leave and how long it has been since you left the marital home, you may limit the access to some assets. For example, it is possible that any money earned or materials purchased after you leave will not be considered jointly owned, especially if you made your feelings known when you left, or you have been gone for a significant amount of time.
Separation and Your Rights
As with marital assets, you may relinquish some of your rights if you flee your marriage without explanation or legal notice. If you leave your home without warning and disappear for several weeks or months, you may also risk child custody because your partner can claim abandonment. Rushing into a decision is not the best way to protect your interests in the long run; it is better to consider all your options first. Talking with an experienced family lawyer can help.
Seek Legal Counsel Before Separating
The best decision you can make before leaving the marital home is to contact a divorce attorney and discuss your options. Your lawyer will help you understand the possible ramifications of your decisions, and they will help you prepare in a way that protects your interests. Most likely, a divorce attorney will want you to gather any pertinent information regarding marital assets before you separate or file for divorce. The information helps the attorney instruct you on the best ways to protect your portion of the marital assets.
While legal separations do not technically exist in some states, you can still separate and end your marriage. However, you do not want to rush into a decision on divorce. Quick decisions can lead to the loss of individual rights and protections. If you are considering a divorce then contact a local and experienced divorce attorney for advice.