The process of marriage dissolution includes three distinct stages of marital separation. These stages serve different purposes in a divorce process, according to "The Divorce Organizer & Planner" by Brette McWhorter Sember, and they occur in chronological order, hand in hand with the changing legal statuses that occur in divorce proceedings.
Informal Separation
The initial stage of marriage separation occurs prior to the filing of divorce papers, according to Sember. The primary focus of this stage is the establishment of individual residences by the spouses. The chief legal feature of this stage is the lack of any type of formal order delineating the rights and obligations of the parties. Some couples do craft a written agreement regarding issues surrounding their separation. Such a document is not required and many spouses forgo taking such a step.
Temporary Orders
Following the filing of a divorce petition, the court takes steps to formalize the separation between the spouses, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The court issues a set of temporary orders that formalize the separation of the parties during the course of the divorce proceedings. These temporary orders establish custody, visitation and child support; determine which spouse obtains possession of the marital residence; and resolve other issues during the divorce process itself.
Permanent Separation
The ultimate stage of marriage separation occurs with the issuance of the divorce decree, according to FindLaw. A divorce decree resolves all issues surrounding the marriage, including division of assets and debts and establishing permanent custody arrangements. A decree also permanently, legally separates the parties. Absent a remarriage between the couple, the separation is irrevocable.
Informal Separation
The initial stage of marriage separation occurs prior to the filing of divorce papers, according to Sember. The primary focus of this stage is the establishment of individual residences by the spouses. The chief legal feature of this stage is the lack of any type of formal order delineating the rights and obligations of the parties. Some couples do craft a written agreement regarding issues surrounding their separation. Such a document is not required and many spouses forgo taking such a step.
Temporary Orders
Following the filing of a divorce petition, the court takes steps to formalize the separation between the spouses, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. The court issues a set of temporary orders that formalize the separation of the parties during the course of the divorce proceedings. These temporary orders establish custody, visitation and child support; determine which spouse obtains possession of the marital residence; and resolve other issues during the divorce process itself.
Permanent Separation
The ultimate stage of marriage separation occurs with the issuance of the divorce decree, according to FindLaw. A divorce decree resolves all issues surrounding the marriage, including division of assets and debts and establishing permanent custody arrangements. A decree also permanently, legally separates the parties. Absent a remarriage between the couple, the separation is irrevocable.
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