How Does Separation Affect Property and Custody Rights?

When you separate from your spouse, you will need to determine if this is a trial separation or one where there is no chance of reconciliation. During a trial separation, both parties are still considered married. Property rights and custodial arrangements are determined by you and your spouse as you try to work through your differences. Any debt or assets accrued during a trial separation are still thought of as marital property, so it's important to know if you are truly interested in getting back together.

Intent to End the Marriage

In some states, it is required that the married couple live separately for a period of time before a divorce can be filed. If you live in a community property state, you will need to express your intent to end the marriage so that any property or debt you accrue while living apart is yours. In an equitable distribution state, any debt or property that you build up while living apart is considered separate property.

Your Custody Rights During Separation

As the parent of your children, you have the right to shared legal and shared physical custody of your children. It is up to you and your spouse to work out a custodial arrangement that works best for you, your spouse, and the children involved. Unless there are protective concerns, each parent is entitled to quality parenting time. If you and your spouse can't agree on an arrangement, you may need to work with an attorney who can help you come to an agreement. You have the right to make medical, educational, and other important decisions on behalf of your child throughout a separation. You must work with your ex in order to make these decisions together.

If you're looking for qualified divorce lawyers to provide you with the legal representation you need for your case, contact the team at Gerkin & Decker Genesee today!