Dispute Resolution Services (DRS) : Types of Cases : Separation
At Dispute Resolution Services, we have learned that the term "separation" can mean various things to various people. Here are some of the different meanings of the word:
- Commonly, a separation means that one person in a married or unmarried couple has moved out of the homestead, or at least to another sleeping room.
- It may also mean that business partners or members of a church or other group are moving apart, temporarily or permanently.
When clients tell us they want a “legal separation,” often they really mean that they want an agreement (probably incorporated into a court order) which specifies parenting and financial arrangements under a physical separation which may be temporary or which may lead to a final ending of the relationship. With married couples, a divorce must be commenced if one or both parties wish to incorporate their agreements into a court order which makes them enforceable.
Under Minnesota law, a separation means something else entirely. It refers to a Decree of Legal Separation, which is a final outcome for some couples who do not wish to divorce for moral, religious or other reasons such as maintenance of health insurance. A Decree of Legal Separation does not terminate the marital status of the parties. They are still married. It merely specifies the rights and responsibilities of a husband and wife “arising out of the marital relationship.“ A Decree of Legal Separation can be converted to a divorce at a later date.
At DRS we serve clients who need each type of separation listed above. For purposes of simplicity, we use the term here to describe the uncoupling of any partnership, whether of married or unmarried couples, business partners or other entities.
Separating life partners (married or otherwise) frequently need to make agreements regarding parenting, child support, spousal maintenance, and disposition of marital assets, non-marital assets, and liabilities. This allows parties to avoid the financial and emotional cost of court hearings and trial. It also allows for good tax planning and creative problem solving, both resulting in agreements which may not be the same as the court might order.
Most couples need structure, support and assistance in coming to agreement on the above topics. Often, due to the high emotions surrounding these topics, they also need help in making their communications more effective. At Dispute Resolution Services, our neutral professionals help separating parties through mediation, and other alternative dispute resolution services.
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