We Focus on the Fix, Not the Fight
Mediating a legal separation is like a practice run for divorce. It benefits couples by allowing them to see what the process entails and helps shape their expectations, should they decide to end the marriage.
A legal separation may be a good option for couples who are unsure if reconciliation is possible. Although some states recognize legal separations as binding agreements, others do not—including New Jersey, Georgia, Florida, Texas, Mississippi, Delaware, Maryland, Pennsylvania and Texas.
If your state of residence is one that does not formally acknowledge legal separations, couples can still mediate resolutions, without petitioning the court. Though legally unenforceable, this agreement between separating partners would serve as a blueprint to agreed upon stipulations and provisions, as they contemplate divorce or reconciliation.
Regardless of enforceability, the mediation process for of legal separations looks a lot like that of divorce. Parties must consider difficult decisions surrounding child support, parenting schedules, property division and related matters, and arrive at consensus. By doing so, the couple will be better informed and prepared to salvage or sever their union when a final decision is reached.