Questions to Ask a Separation Lawyer

• It is important for a person facing a separation to consult an attorney to protect his or her interests. Jupiterimages/Comstock/Getty Images

  Separation brings about difficult legal issues for married couples and for couples who share property together. Separations, while not the same as divorces, are family law issues with concerns that overlap with divorce. A person who is facing a separation should consult an attorney to ensure that her rights are protected, particularly if children or property are involved.

Is Legal Separation Recognized in This State?

• A divorce is a judicial decree that terminates a marital relationship, while a separation is a period of time that a couple spends apart. Each jurisdiction has its own rules and laws concerning separations, and some states do not even recognize legal separations. Therefore, a person who is considering a separation must consult an attorney to discuss the legal ramifications of his decision. Separations, in most cases, are more flexible than a divorce because a separation can end and the relationship may resume without much difficulty. Some separations are temporary -- lasting for a period of days or months and others can last for years before the couple decides to officially end the relationship or get back together. A legal separation involves a judicial decree that concerns support payments and property distribution, but does not end the marriage.

What Will Happen to Our Property?

• One of the more complex issues that arises when a relationship ends concerns how property will be divided. It is essential for a person considering a separation, particularly a legal separation or one that is anticipated to end in divorce, to consult an attorney regarding the division of property. How property will be distributed will be determined by a variety of factors that are individual to each case. Considerations such as whether the couple is married, whether the jurisdiction is a community property or equitable distribution state, whether the names of both parties are on the title to the property, who owned the property prior to the relationship, and how the property was acquired must all be looked at when making property distribution determinations.

How Will Child Custody Be Determined?

• Determinations of child custody are highly dependent on the situation. When a couple is facing a legal separation, a custody arrangement will be ordered by the court. In nearly every circumstance -- whether a legal separation or a trial separation -- unless the parties cannot have a constructive dialogue, a custody agreement can be negotiated between the parties. The client must ask the attorney how custody will be determined and how she plans on negotiating with the other party.

Will There Be Child Support or Spousal Support?

• Generally, in the case of legal separation, whether there will be child support and spousal support and the amount thereof is ordered by the judge if it is requested by the custodial parent or party in need of support. Every jurisdiction has its own factors that it considers when ordering support payments. In the cases of separations that are not legal separations, the amounts may be determined by the parties. An attorney should be able to provide a rough determination of the amount of child support or spousal support that will be ordered.