Divorce can be a difficult and emotional process, but separating first can make the experience more manageable. Family law in Kentucky actually requires divorcing couples to separate before dissolving their marriage, but legal separation does have other advantages. Here is an overview of the types of separation and how it can make divorce easier.

What Are the Different Types of Separation?

Trial separation gives couples an opportunity to evaluate their relationship and determine if they want to reconcile or move forward with a divorce. During a trial separation, couples typically live apart and work on their individual needs and desires without the pressure of making a final decision about their relationship.

Unlike trial separation, legal separation gives couples the legal guarantees of divorce without surrendering the benefits of marriage. When a couple separates, the judge issues an order settling property division, child custody, and other issues involved in a divorce.

Legal separation is often a precursor to divorce, but it does not necessarily mean that the couple will ultimately dissolve their marriage. If you are able to work out your differences, you may cancel the separation and continue with your marriage.

What Are the Benefits of Separating Before Getting a Divorce?

Separating before a divorce has several benefits for divorcing couples. A trial separation gives you the space to evaluate your options and decide what you want out of your relationship. Because these benefits are so valuable, Kentucky family law requires divorcing couples to separate for 60 days before approving a divorce petition.

Legal separation provides the certainty of a court order, while preserving the benefits of marriage. After filing for legal separation, each spouse will know how much of the marital property they’re entitled to, whether they'll receive child support, and who will have custody of the children.

However, legal separation preserves the bonds of marriage. Legally separated couples will still have automatic inheritance rights and the ability to make medical decisions for one another. One spouse will also be able to stay on the other’s medical insurance or claim them as a dependent on their taxes.

If your marriage is coming to an end, a skilled family law attorney can streamline the process and help protect your rights. Gillenwater & Hampton Law Firm is dedicated to providing effective, compassionate representation to clients throughout the Glasgow, KY, area. Visit their website for more on their family law services, or call (270) 651-8874 for a consultation.