What is the point of a marital separation?

United States
May 20, 2009 9:05am CST
In some states a couple must file for a "legal separation" before they can divorce. But for the most part it is just between the couples as to what they will do. Some file for divorce right away and then separate and others separate first and finalize it later. What does a separation do? Does it improve the chances to reconcile or does it just make the couple more likely to end the marriage? If a couple is separated why doesn't the one would "did not want to be married anyone" just end it by divorcing?
2 people like this
6 responses
@sid556 (30960)
• United States
22 May 09
I think if someone goes so far as to get legally separated, the marriage is done. It just costs more. taking a break from each other to sort things out can sometimes help but if you start involving the courts and all...it is usually over at that point. communication and trust are so broken at that point.
1 person likes this
• United States
22 May 09
That is true. We don't have a "legal separation law" as some states do. My husband and I are now living apart, his choice not mine. I would have at least tried to work it out. But when I asked what he thought was wrong "nothing" was his answer. But I know that is not so, I also know he can't fix what he thinks is broken if he won't try by talking. Thanks for your response.
1 person likes this
@sid556 (30960)
• United States
22 May 09
I'm sorry you are going thru this. It's hard to "fix" things when you are apart and not acknowledging what it is that is wrong. Hope you guys find a way to work things out.
@kareng (59206)
• United States
20 May 09
My views are this. It gives the couple time apart to think without pressure from the other one. It also gives a bit of independence. For instance, you may think you want to have it all over with but then after being alone and thinking things through decide that your marriage is worth working on. It's just a basic cooling off period in my view and good for getting your head together. You should never jump into a divorce, just as you shouldn't jump into a marriage.
1 person likes this
• United States
20 May 09
Very good views.Thank you. I'm at the point now as to what to do with mine. My husband is the one who wanted it. We've been separated two and 1/2 months. He hasn't filed but has not made any effort to talk and since we don't live in the same town we don't talk. I figured that given the space he would make up his mind one way or the other but...nothing yet.
1 person likes this
@kareng (59206)
• United States
20 May 09
Good luck!
@Grandmaof2 (7579)
• Canada
20 May 09
A legal separation is very important for the security that you are no longer responsible for your spouses debts. It frees you name.
1 person likes this
• United States
20 May 09
You are right about that. I'm just thinking about me cause we had no issues with each other (or so I thought) so reluctantly I said if that's what he wanted...We had agreed to just do the "quicky" one cause we don't have debts or shared property. Now he has stalled on filing and is just going on while I wait...
@miamilady (4910)
• United States
1 Oct 09
I'm sure the reasons and the purpose of seperation vary greatly from couple to couple. I can only guess at a couple of possible reasons. You can think of it as a marital "time-out". Sometimes people think they can't be married to this person any more, but they haven't really thought things through entirely and they really have no idea of what things would really be like if they got divorced. A separation could be a way for them to have a little space away from eachother for a while in order to "decompress" and recover from some of the open wounds that they may have. They can also get an idea of what life is really like without their spouse before they make that final decision to end the marriage completely. I'm not sure if that was one reason or a few reasons wrapped into one paragraph!
1 person likes this
• United States
1 Oct 09
Thanks for your views on this. Right now I have come to the conclusion that there is no reason to go back to the marriage. I have realized I gave up "me" for him and now I think it is time to find out who I am and be me for me.
@julyteen (13252)
• Davao, Philippines
9 Jun 10
Legal separation is the first move of many couples who plan to end up their marriage. They are open to have someone to love but they can't be married again. In this case, if the partner found someone to be with as their new partner and they propose for married, that is the time the legal separation will be seconded to divorce for final decision of the court.
@trinee (514)
• Trinidad And Tobago
21 May 09
Really, I don't understand this separation thing. If you are having problems in your marriage and you want to work things out... why separate? Stay the course, communicate and be honest to yourselves and each other about what is going on and discuss ways and means to help you through it. It would not happen over night and there will be some painful days and nights but you have to decide id it is worth it to find out if you have something to save. If you are separating knowing that you want to get out then why hide behind separation?
1 person likes this
• United States
21 May 09
That is my thought also. Why live separately for any length of time if you intend to end it-do it, if you want to work it out a separation will not help. Thanks for responding.