How Do I Get a Legal Separation?

You and your spouse may be experiencing issues in your marriage. But still, you may find filing for divorce too drastic of a measure at this time. This is why many couples choose to first get legally separated, as it may be a precursor for divorce or serve as an open door towards reconciliation. Without further introduction, please follow along to find out how to get a legal separation and how one of the proficient Clarksville divorce lawyers at Fendley and Birch can help you decide whether this is the best path for you to go down.

How do I get a legal separation in Tennessee?

A few states in the United States do not recognize or allow for legal separation, but Tennessee is not one of them. That said, you and your spouse may get legally separated by filing a petition with the Tennessee family court. Here, you must cite fault-based or no-fault grounds for wanting to part ways. Fault-based grounds may be adultery, abandonment, concerns over substance abuse, or otherwise. No-fault grounds, more typically claimed, are irreconcilable differences or living apart for two years without cohabitation when you do not share minor children.

Then, you and your spouse may also sign and bring forward a separation agreement. This is essentially a written, legally-binding contract that outlines the terms and conditions of your separation, namely how child custody, child support, spousal support, property division, and other issues will be handled. You should work on this contract during the mandatory 90 day waiting period, which may be shortened to 60 days if you do not share minor children.

Why would I get legally separated instead of divorced?

As already mentioned above, getting legally separated may serve as a stepping stone to getting divorced. If this is what you and your spouse decide to do in the future, after two years, you may ask the Tennessee family court to convert your separation agreement into a divorce agreement. On the other hand, though, if you and your spouse make amends during your time apart, you may ask the court to vacate your separation agreement and you may resume your married life almost immediately.

All of this to say, a legal separation may be reversed while a divorce cannot. So, some couples may be hesitant to hastily jump into divorce proceedings, especially considering how costly and time consuming it can be. This is while other couples find it unnecessary to have the end of their partnership recognized legally by getting an official divorce, unless there comes a time when one or both of them wish to remarry. The best decision is entirely based on your and your spouse’s unique set of circumstances.

To conclude, if you require additional consulting, look no further than one of the talented Clarksville family lawyers from Fendley and Birch. Schedule your initial consultation with us today.