If you have decided to get a divorce, you will need to separate from your partner for at least one year before the legal proceedings. This requirement is designed to prove that a couple has no reasonable probability of resuming their marriage. The separation is not a legal process, but you will need to show that your lives are apart. Therefore, this issue can be complicated and might compromise the divorce. You can avoid problems by consulting a qualified family lawyer for counsel. In addition, use the below tips to avoid mistakes during the separation period.
Consider The Living Arrangements
Choose your living arrangements with care because this aspect will be critical in proving separate lives during a divorce. In an ideal situation, each person should live in a different house and maintain a clear life outside the marriage. However, this option might not be applicable in some situations. For example, if you and your spouse have been struggling financially, the costs of living separately can be exponential.
In this case, you should consider being separated but under one roof. This choice can blur some lines and create an illusion of a continuing marriage. Therefore, when you file for divorce, you must file an affidavit to prove you are separated. The document should contain information about sleeping arrangements, household duties and shared outings. Moreover, it should show that you have shared news about the separation with your friends and family.
Establish A Plan For Child Care
The law prioritises the safety of children during separation and divorce. Therefore, you should ensure that you have a clear agreement to care for your children if you have any. It is advisable not to rush into signing any document on parenting agreements. Where possible, consider having an informal understanding in an amicable separation. If you want a more official arrangement, consult your family lawyer first. They will review the details of the document thoroughly to avoid pitfalls. Remember, the court may consider the parenting agreement made during separation when creating a parenting order after the divorce.
Think About The Finances
Finally, plan for the finances during the separation to avoid prolonging a lengthy settlement process after the divorce. If you are willing, you can handle the financial aspect, even before the divorce is finalised. Regardless of your choice, you must avoid poor financial decisions during the separation. Avoid making unjustifiable expenses, and do not hide assets from your former spouse. These actions will be unfavourable to you in the final financial agreement.
Speak to a family law attorney to learn more.
Share21 December 2022
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