Some people separate for a long time before getting divorced legally. While there is no law against separation, it does have some potential complications you should consider if you are currently separated. These complications include:
Mismanagement of Marital Assets
The more you delay your divorce, the more opportunity you give your spouse for mismanaging marital assets. This is not good for any couple, but it is especially dangerous if you live in a community property state, where assets and debts acquired during marriage belong to both spouses. This means your spouse can go on a spending spree with their credit card, and you will pay the debts when you eventually divorce. A disgruntled spouse can also use the time to hide marital assets, and you will spend considerable resources to unearth them during divorce.
Decreased Divorce Settlement
A spouse convinced that their marriage is headed for the rocks, especially if they aren't the one gunning for divorce, is likely to be in emotional turmoil. If your spouse fits such a description, it's not easy to tell what the emotions may do to their financial status. They may become lazy at work and get sacked or start drinking too much and drive their businesses into debt. Any such change in financial circumstances would result in a much lower settlement than you would get if you divorce right away.
Your Spouse May Move
Prolonging your divorce too much increases the risk that your spouse may move out of the state or even the country. They may move to take a new job, start a business, or try to get away from you. This will present different challenges when the time comes to actualize your divorce.
For example, your spouse may apply for divorce in their new state if they meet the residency requirements. States have different divorce laws, and the laws of your new state may not be in line with your wishes. Then there is also the issue of travel expenses, which may be costly and make your divorce more expensive.
Therefore, it's not a good idea to postpone your divorce if you have made up your mind to separate. Even without considering the potential complications above, there is still the issue of emotions to contend with. Living separate lives, without divorcing, is almost like putting your life in limbo. It's easier to get over with the divorce and continue with your life. Contact an attorney, like John D Rouse, for help.
I am a real estate attorney, and I have been helping clients buy and sell property for many years. Some clients do not realize their legal obligations and options when it comes to purchasing or selling a house or land. I hope that this blog will be a way for people to get information about legal issues in real estate and what they need to know when doing business. Buying and selling property can be complicated, and all parties involved have legal obligations. Know what is expected of you, and you will be able to get the best out of your real estate transactions.