How Does Separation Affect Property and Custody Rights?

When you separate from your spouse, you must determine if this is a trial separation or where there is no chance of reconciliation. During a trial separation, both parties are still considered married. As you work through your differences, you and your spouse determine property division rights and custodial arrangements. Any debt or assets accrued during a trial separation are still considered 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 must 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 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 share 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. Without 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 agree. You can make medical, educational, and other important decisions for your child during separation. You must work with your ex 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 Gerkin & Decker Genesee team today!