Using the grounds of adultery or mental/physical cruelty is almost never done any more – partly because "fault" or "misconduct" plays no role in relation to support or property issues, and partly because arguing over why the marriage ended is a fruitless, time-consuming exercise and a waste of legal fees.
That's not to say that as lawyers we are not concerned about how our clients are affected by the end of a relationship; but we know that an appropriate referral to a skilled counsellor, a support group or a divorce coach may be much more helpful and effective in navigating this major life transition.
A legal separation gives you the space you need to solve marital problems, come to terms with your emotions and start over, either in your marriage or alone.
How you behave during a legal separation will determine how successful you are in whatever your motives for separating.
As with divorce, a legal separation is about ending one life and starting another, getting a new center of balance and making it work spiritually, emotionally and practically.
Whether your legal separation leads to divorce or reconciliation you want to behave during the separation in a way that means getting the most out of what you are trying to do.
Below is a list of behaviors that will either work in your favor or work against you: 1.
Being a Jerk: Don’t engage in behaviors that will be hurtful to your spouse or your children.The following responses are reflective of the standard case scenario, applicable in most cases.However, as each situation is unique and legal advice differs on the facts, you should contact a lawyer to know for certain your rights and responsibilities and what you can expect in your particular circumstances. If parents cannot agree on custody, the Courts will decide custody based on what appears to be in the children’s best interests.Going through a separation can be upsetting, traumatic, scary and stressful.For couples with children, often the most important issue for both spouses is finding a way to ensure that their children are harmed as little as possible by the fact the relationship has come to an end.If you have children, you are not permitted to leave the home with the children without the consent of the other parent or a Court Order.