Sometimes couples come to realize that they don’t want to continue living with each other but are not certain about filing for divorce. If this happens, you might consider alternatives to filing for divorce.
While Idaho courts do not have formal procedures for legal separation, alternatives are available. For example, the parties could enter into a separation agreement that establishes which person has what assets; who is responsible for various debts; and how income and resources are allocated. Issues such as child custody, visitation rights and spousal support could also be addressed, much like you would in a divorce proceeding. Separation agreements are not marital settlement agreements unless they meet specific requirements in the law. However, negotiating such agreements and putting them in writing are usually enforceable in cases such as driving under the influence (alcoholic), conviction of felony, or insanity.
Reasons for Choosing Separation
More couples are opting to separate rather than divorce. There are several valid reasons for doing so, including:
1. A belief that there is a chance of reconciling differences after some time apart.
2. Either you or your spouse find it less stressful to negotiate a separation agreement.
3. You and/or your spouse are opposed to divorce for moral or religious reasons.
4. The same may be beneficial to you, your spouse or children during the transition to becoming divorced.
A good family law attorney will know and be able to explain to you the pros and cons of separation and whether or not your situation in which it is appropriate to explore such options.
