When a marriage does not seem to be working, the topic of divorce is often discussed. Dissolving a marriage is a final solution, one that can be costly and time-consuming depending on the individuals, assets, children, and many other considerations. A divorce attorney in Brownsville Texas who deals with all possible divorce issues suggests that in some situations, a long-term separation agreement may provide some advantages to being at least something to consider rather than an actual divorce.
What is Long-Term Separation?
In some states, couples who have decided to divorce are required to be “separated” for a certain length of time, anywhere from two or more months; when that period of time is over, a divorce can be completed if that is still what is desired. The purpose of a separation is to help couples be absolutely sure that a divorce is really what is wanted. Some couples do reconcile after a separation, others continue on with a divorce. There are also some who choose to remain separated indefinitely, which is considered a long-term separation.
Long-Term Separation – Benefits
In some cases, a long-term separation may be the right choice; whether it can work or not depends on each couples desires along this line which would include any perceived long-term goals of each partner. If both see eye-to-eye on concerns like child care and remarriage, there definitely could be advantages to remaining in a long-term separation. Following are some items that a divorce attorney in Brownsville TX recommends considering and discussing before deciding long-term separation versus divorce.
Children – With a divorce, there is also custody to be determined if children are involved. With long-term separation, when both parents agree about any child custody issues and willing to do as agreed, it can be much easier on everyone especially the children. Some states allow the filing of child support in a separation situation that has gone long-term. The biggest caution here is that if disagreements over the arrangements for children arise, the topic of custody and care of children may still end up in court.
Tax and Healthcare Benefits – A separation is just what it say; a couple is still married in the eyes of the law and can continue to take advantage of tax breaks and health insurance benefits as if living together. This is often a major factor with those who choose to stay in this type of a relationship.
Social Benefits – There are times when an individual’s social or professional status is better served by being married as opposed to divorced ; a long-term separation can alleviate such a problem. It doesn’t work for everyone; however, lawyers who handle many divorce arrangements advise that it can work for some couples.
Long-Term Separation – Difficulties
The biggest concern with this type of an arrangement is that the parties involved must truly be in agreement with so many different aspects in order for a long-term separation to work. Changing opinions as time goes on can be the cause of problems serious enough to turn this relationship toward a final divorce. Money concerns and child raising decisions are often big reasons for long-term separations to not work out. The desire to date and remarry typically causes problems as well with long-term separation.
Problems within personal relationships are never easy to handle; however, it is good to know that there are some creative options to consider. A long-term separation could be a good choice for some couples and has been known to function as desired. Consultation with a divorce attorney is certainly recommended in order to understand all possible implications of a long-term settlement.
Reynaldo G. Garza, III
680 E. St Charles, Suite 600
Brownsville TX 78520