Willian H. Sams
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When your marriage is failing, you have 3 basic options

Your marriage isn't working. It used to, but it's clearly falling apart. You never talk to each other. When you do, your spouse is insulting and emotionally abusive. You couldn't have imagined it on your wedding day, but you can't deny it any longer.

At a point like this, you may keep asking yourself what you should do. It may help to realize that you only have three options. They are:

  1. Staying together and hoping that things get better in time
  2. Using a trial separation to see if staying apart for a while either helps the relationship or shows you that it's time to end it
  3. Going through with it and getting a divorce so that you can exit the marriage and leave it all behind

No matter what step you take, you may want to think about the legal ramifications.

For instance, a separation is not a divorce, so you may think you can just do it on your own. However, what if it does lead to a divorce six months from now? If it does, what do you do with the money and assets you acquired while you were apart? Do they count as marital assets since you were technically married or do they count as separate property since you definitely weren't "together" at that point?

As you can see, it is important to consider the situation carefully. Think about all of your options. Weigh the pros and cons. When you do decide what you want to do, take the time to find out exactly what steps you need to take.

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