It is tough to control the emotions when after an ugly fight, the person you loved so much now threatens separation. You must be asking, “Is this why I married? What should I do now?” Have patience and control your emotions. It is not necessarily the first step toward divorce. Temporary separation is what may be needed to work on the marriage and reconnect. It depends on you both to realize what works for you.
Separation vs. Divorce
There is no fixed formula to help you decide whether legal separation in Kentucky is the best for you. A separation may be the first step and is preferred over divorce due to many reasons.
- There is a chance that for reconciliation
- You both may decide that remain in marriage is the best for the kids.
- One of you has a moral, religious or social objection to divorce
Both of you should also consider that the healthcare insurance of an employer is needed by the other. The federal benefits that you are getting a couple may not be there if you get divorced.
Find More About Separation in Kentucky
In Kentucky, divorce is not the only option to end the marital relationship. The process of legal separation needs at-least one spouse to file a petition for separation with the local court. As per law, you should be a resident of Kentucky for a minimum of 180 days before making the application. Both of you must be living separately for at-least 60-days.
The court needs a legal reason or grounds for the request. Kentucky is a no-fault divorce state. It means the applicant has to show that the marriage is broken beyond repair and that the efforts to reconcile have failed. Once a request is placed, there is a waiting period to file the request to when the judge can approve and deny it.
It is a time to discuss the division of things, the future of kids. So, determine how the property will be divided, child custody, child support, and spousal support. If you both can present a written and signed an agreement in the court, the judge will sign it. If you both can’t agree, the judge will decide on the issues.
The legal separations are temporary, and, in some states, either spouse can ask the court to convert the separation into a divorce. However, it would help if you were legally separated for a year before either spouse can ask for a formal divorce.
Keep in mind that one of the spouses can file for the legal separation if both agree. If anyone wants a divorce, the court will not grant a legal separation.
Surviving the Separation
Going through a separation is difficult, no matter why it happened in the first place. You can find it hard to remain productive. However, surviving it needs some deeds.
- It starts with the recognition that feelings of you both can be different. Emotions run high, and sadness, frustration can be prolonged. However, they subside with time.
- Give yourself more time and work than an optimal level for some time. There would be some loss of productivity at work, but that’s okay when you are going through a separation. You would take time to heal and get vigor back in your life.
- It is not the time when you should be alone. Sharing feelings with friends and family can help you get through this period. Join a support group to give vent your feelings.
Last but Not Least,
When you create a marital separation agreement in Kentucky while discussing with the ex-spouse, ensure that critical issues are resolved as far as they can.