Reply to separation vs. "trial" separation

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[quote=Anonymous][quote=Anonymous]So is a "Legal Separation" per 13:16's distinction a document about the period and terms of being separated (pre-divorce), or is it about the terms of divorce.  For example, I can see in a Legal Separation stipulating one party will pay for upkeep of the home, or we will split upkeep of the traditional home.  But that might not be what is in a divorce decree.  The question, then, is do people write agreements about the separation period - who drives Suzy to school, etc. - or is that seen as spurious?  And does whatever might be written into an agreement about the separation period be presumed to carry over to the divorce period?  
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IANAL - I would highly recommend anyone preparing for a separation or a divorce consult a real lawyer.  I am @13:16, and I have been through this.

In Both VA and MD (and I believe DC), in order to obtain a divorce decree from the chancery, you must be "legally separated" for a period of time: 6 months if no children; 12 months if there are children.  This [i][b]may[/b][/i] be what some people on here are referring to as a "legal separation".  Although a PSA (property settlement agreement) may be part of that, it has more to do with meeting certain criteria to be considered separated by the court.  You cannot simply go into court and say "I've been sleeping on the couch or in the garage for six months, so we're separated".  Some people do remain in the same house - for economic reasons mostly - but the hurdles for establishing "legal separation" are much higher - they likely do need a PSA.  Generally, living apart (having proof like utility bills, lease, etc.) establishes that you are in fact separated.  What the court seems (in a throwback to Olden Days) to really care about here is: are you still sharing a bed (having sex).

Now...there are penalties for just up and leaving.  There's an argument that someone can be granted an at-fault (with different consequences regarding the disposition of joint property) divorce instead of a no-fault divorce.  Grounds are things like adultery or abandonment.  If you just up and "disappear" (leave) then it can be considered abandonment.  Having a legal contract spelling out how your assets will be divvied up - before you leave - is a great way to establish (in the eyes of the court) that you didn't just "abandon", that the separation was planned.  It helps start the clock running on the period of the separation.

Yes, you may have different terms in the initial separation agreement from what is in the Property Settlement Agreement.  It would make sense that if one spouse is going to remain in the joint home until the divorce is final or the home is sold, that the terms of who pays for upkeep, insurance, property taxes, etc.,  be spelled out for that period, even if the final PSA calls for the home to be sold and the proceeds divided.  In my case, and most of the cases I'm familiar with, there was no need for a different separation agreement - PSA and custody - to be spelled out.  I didn't have kids, and we simply continued with the bills as things were.  But we both had incomes.  I can see where, if you have kids, and you are leaving, you might want your visitation rights worked out in advance, and further, if your stbx is SAH and has no source of income, where you might have to continue to carry the household costs for your former home in the short term.  [/quote]

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