by K.D. Saffron

Created on: August 10, 2008   Last Updated: August 20, 2008

A marriage separation means that a couple no longer dwells in the same residence. In many states or Commonwealths a formal separation is a first requirement toward a full divorce. The actual divorce is termed to be from "bed and board", which means the two individuals no longer share the same bed or living space. When marriages break down and do not last, there must be a means for a meaningful separation for all married couples. The separation in writing from ones spouse is therfore that legal and recognized agreement that many courts seek prior to further action. Whether the separation is simply because there are irreconcilable differences or for more invasive, illegal reasons, married couples must undergo a separation.

The actual rules for a marriage separation vary from state to state and any marital circumstances will determine the specific rules that apply. Every marriage must undergo a series of specific questions prior to the development of any separation agreement. These questions will vary and are dependent upon the following: place of residence prior to filing, does the state have a mandatory waiting period, does the couple have minor children as a result of the marriage, and do the parties agree on all aspects of the agreement? When these questions are answered along with who will be responsible for the existing debts, then the respective courts can proceed to grant a final decree. These questions can be accomplished out of court by both and can save money and time toward a successful divorce filing regardless of the state residence.

One of the most important rules of any separation agreement is are there minor children born or adopted of the marriage. If so, then most states will hold a formal hearing to determine the parental rights of each party. In many cases, this appearance requires that each provide witnesses to determine who shall be the fit custodial parent and the visiting parent. The place of residence will determine if there is a specific wait period prior to the court appearance, how long that period is, and the criteria upon which one can file for a divorce.

In many states, the agreed upon separation is a portion of the final divorce decree that details how the personal property and real estate will be maintained. If there are minor children born of the marriage, the visitation rules will be detailed in the separation agreement. Also, if the couple had a pre nuptial agreement, then at this time that agreement will be applied to the division of the property. Essentially, the separation agreement is the most important part of any divorce any the rules that govern that agreement are determined by where one resides.

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