There is a common misconception that the act of Separation is easier, faster, and different, than the act of Divorce. In fact, Separation and Divorce are not only much closer than anyone realizes but are actually almost the exact same process, without the Divorce at the end.

Both require the filing of a lengthy petition with the Family Court that includes a substantial filing fee, and the use of a constable or some other service to serve the papers on the Defendant spouse. Both require that the parties reach an agreement regarding property, financials, and child related matters. The only difference between a Separation and a Divorce, is that a Separation will not Divorce you from the bonds of the marriage. The only purpose the Separation will serve is to separate your legal assets and liabilities, custody, child support, and households. Yet, for all intents and purposes, you and your spouse will still be legally married and unable to marry anyone else.

If you are unsure whether you actually want the finality involved in a Divorce, you have property and children that need to be considered in any kind of living arrangment, and perhaps you have a need to remain within the marriage for reconcilliation or some other purpose, then perhaps a legal Separation would be of benefit.

In no way is the process of a legal Separation simpler, and can in fact be more complex and less straight-forward than the Divorce process making it imperative that you obtain the best possible Family Court lawyer that you can. Bethany Macktaz has over 15 years of experience as a negotiator and mediator as a former Assistant Attorney General, together with a successful trial career, and can offer you an effective way to reach agreements in any of the necessary areas needing to be separated between you and your spouse.

Bethany will be able to provide you with the facts and criteria that differentiate Divorce from Separation, as well as which option will be the best solution to your current Domestic situation. In matters involving children, Bethany can both guide and provide effective solutions with a caring and capable manner, and help you formulate a parenting plan and property agreement that will take into consideration the best interest of the child and the needs of both parents.

Although the criteria for a legal Separation in Rhode Island are similar to those for a Divorce and the Separation will still keep you technically married, one thing to keep in mind is that if you go through the Separation process and then decide later on that you would still like to be Divorced, you will need to start the entire procedure again and file a Divorce instead.

Let Bethany help you decide which solution will be the best for your unique situation and call her now if you are struggling with the decision of Separation or Divorce in RI. Bethany may be reached at her Family Law practice in Providence at (401) 490-0717, or by email at Bethany@MacktazLaw.com. You may also use the confidential contact form HERE for more information.