Can I Leave My Spouse Without Getting A Divorce?

Married couples in Alberta may choose a trial separation with the intent of working out their problems peacefully, often to preserve their marriage. Married couples who decide to separate without an attorney will create an informal agreement, but there are no guarantees the details will be accurate. A couple may also live apart with the intention of never truly becoming divorced, which is called “de facto separation.”

Separation can be one of the most difficult situations for a married couple to face. Trying to stay civil, keeping up with children’s needs, paying bills, balancing two households, and still finding time to get away are all things that are tough to take care of when living under the same roof.

The confusion caused by this can take an emotional toll on you trying to make sense out of why your marriage is falling apart. Getting the facts straight about the differences between a trial separation and legal separation in Alberta should help you decide if filing for divorce is really what you want.

What Happens During A Trial Separation In Alberta?

Sometimes couples may choose to separate without filing for divorce, or getting their marriage license revoked. Their reasons for doing so might be personal, religious, or financial in nature. In these cases, a couple may make a conscious decision to live apart from each other and live their own lives.

They also may decide to live apart for a certain period of time or until they make a permanent decision about whether or not they want to get divorced. This situation is known as a trial separation.

This time period gives the couple the chance to evaluate their feelings toward each other and intentions at the end of that time. If the couple decides to continue their marriage, they’re able to start fresh after having shared some common experiences together. For couples who are unsure whether or not they want to remain married, a trial separation can be a good option because it allows them to gain perspective.

If you are considering a trial separation, there are things you should consider first. For starters:

  • How long will it last?
  • Do you plan to reconcile at some point in the future?
  • How would you handle property division? And
  • What do you plan on telling friends and family?

Trial Separation Versus Legal Separation

You may be going through a trial separation if you and your spouse have decided to live apart for a short amount of time because of marital problems. … In a legal separation, the spouses will usually attempt to draw up a legal separation agreement that explains how many financial obligations one party must fulfill to the other after the divorce is finalized.

One of the biggest differences between a legal separation and a trial separation is that couples who are legally separated might have to go to court or meet with a divorce mediator in order to settle their disputes.

This encourages open, honest communication because it forces couples to reach an agreement regarding all areas of their separation. Some of the items that may require a legal separation agreement Alberta  include:

  • Asset and debt allocation;
  • Rights to the marital home and other properties;
  • Child visitation/custody and support;
  • Spousal support; and
  • Any other divorce-related costs.

Can I Separate From My Spouse Without Filing For A Divorce In Alberta?

Some couples feel that their relationship can be improved and that a trial separation will give them a chance to find out if that’s really true. Other times, couples choose legal separation because they know that their marriage can’t be saved or improved, but they want to remain legally connected for a variety of reasons.