What is a Legal Separation?
When a person decides it’s time to go their separate ways, there are options. "Are there any legal requirements to separate first?", "How do I know this is a permanent separation or a step toward divorce?" and "What’s the financial cost?" are all common questions. A legal separation is similar in some ways to a divorce. They both suggest that the relationship is over but there is more work to do before the real thing happens. A legal separation differs from a divorce in one significant way – the partners remain legally married.
Legal separations have advantages and disadvantages. It allows the partners to try out the new status, with the expectation that things could change. It offers the opportunity for the couple to sort through the various aspects of their relationship – in other words they’re not rushing.
The legal separation documents can be re-written into a divorce agreement. This allows for some time to consider things before committing to a divorce settlement, while still getting some of the issues sorted out. However, it can also keep the partners committed on paper, when they might be better off completely separate .
Some people believe that they should file for a legal separation first because they think it’s less expensive than a divorce, but it might be just as much or more. If the separations are brief and un-contentious, and there aren’t any financial or physical issues to sort out, then it certainly can be less expensive.
While there are certainly no tax-planning benefits to legal separation, couples can claim "Married Filing Jointly" while they’re separated. Since already they face a difficult emotional time, the reality of filing separately can be another blow – especially to their pocketbooks.
On the other hand, a legal separation can save money in a couple of ways. When a divorce is filed, there are no spousal benefits (health insurance, military, etc.) to worry about. However, when a separation is filed, there could be health insurance benefits to consider – particularly where one spouse’s job offers coverage and the other spouse is disabled.
Separation agreements can help keep the kids on healthcare insurance or give blue-collar workers a chance to receive unemployment insurance benefits. From that perspective, a legal separation can actually save money.
Legal Fees Associated with Separation
Attorneys can charge several thousand dollars in attorney fees for a legal separation, and the amount can vary based upon your region. For example, a legal separation may be less expensive in the Midwest than it is in the Northeast.
The specific case issues can also affect legal fees. Cases with more invested time, such as cases that went to trial and required expertise in multiple areas of family law due to the involvement of minor children, are more costly than cases that are settled through mediation.
On average, however, the legal separation attorney fees for a simple case are approximately $2,000. Simple cases have clearly identified assets and property and usually require less than 15 hours of work to address from the law firm handling the separation. A complex case, however, involving disputes over the separation of property, custody or assets can cost much more, such as between $7,000 and $20,000 for a separation.
Filing Fees with the Court
In addition to the legal fees incurred for preparing and filing legal documents, you must also pay certain fees to the Court. Many of the fees you will encounter during a legal separation are the same as those you would also encounter in a divorce proceeding; however, there may be a few small variations. When having a lawyer handle your legal separation process, these fees will be added to your legal separation costs.
Usually, the main cost of the filing and service of paper is the filing fee to the Court. This is paid when the Petition, Summons and Certificate of Divorce is filed. Depending on which court your separation is filed, these fees are usually a couple hundred dollars. Any separate paperwork that is filed will have an additional fee. Typically, these papers are motions, stipulations, etc.
These fees are usually a little less than the average filing fees to file for a divorce and can range anywhere from 0 – 0 depending on your State. It is important to keep in mind that some Courts accept only cash or money orders to pay for filing fees while certain Courts will take credit cards. If you were acting as your own lawyer, this does not include filing fees to Family Law Mediators or expenses incurred for the serving of papers. The process of serving of papers can vary in price as well, depending on who is serving the papers.
Mediation and Counselling Cost
The importance of mediation and other counseling services should not be underestimated when it comes to legal separations. Mediation is a negotiation process that allows couples to work through their differences with the help of an impartial mediator who teaches communication skills and improves the chances for productive dialogue. Mediation sessions usually last one or two hours and can be scheduled on a weekly, bi-weekly or monthly basis. Typical fees for a full hour of mediation range from $150 to $300.
Counseling services for couples struggling to save their marriage or come to terms with a separation can also be beneficial. Most counselors will charge for each session by the hour, though you may be able to schedule a full or half-day appointment. The cost per hour for a marriage and family therapist falls in the range of $80 to $120; however, a few therapists may charge up to $200 per hour.
Potential Charges or Costs
Here are a few potential, though unlikely, costs associated with the preparation of the documents needed for a legal separation:
Fees for an attorney to prepare and file documents with the Court. This can be a significant expense if you choose to have an attorney prepare your documents. However, it is a custom to pass the responsibility (and expense) for having your documents prepared and filed onto the office of the attorney representing your spouse in a legal separation .
Document preparation fees. In most cases, if you are preparing your own legal separation documents, there should be no added costs for document preparation, outside of the legal separation application fee.
Notary services. Most documents you sign as part of the legal separation process will need notarization. Notaries are usually free through your attorney or bank.
Additional court services. This may include filing by mail or fax.
Calculating Your Total Expenses
A reliable way to estimate your total costs of a legal separation is to add up your likely costs per hour times the likely number of hours necessary to complete the work you need to have done. In order to come up with an hourly rate, ask each lawyer on your list when you contact them if they will charge you the same amount for each hour of the validly presented work, or do they have different hourly rates for different types of work (such as for litigation versus traditional representation, or a flat fee for some work like Separations Agreements and uncontested divorces)? Are they going to charge the same amount for each lawyer working on the case, or are the lawyers who are not partners in the firm going to charge less than the partner who has been assigned to your case? If you are not satisfied with what you hear from the lawyers you contact, you can go to a separate list of alternative collaborative law practitioners and Approach collaborative practitioners.
When you contact each firm, ask for your total estimate of hours regardless of the lawyer doing the work. You may want to ask them how they distinguish between their estimate of the number of hours and the amount of billable hours they are likely to invest in the case. You should also ask them what they think the major line items on the Statement of Fees will be that will be billed to you.
Remember that they are giving you an estimate only. Be aware that the size of the cost can change significantly due to issues that may arise after you receive the estimate. The nature of the separation process determines a large part of the ultimate fee. A collaborative and non-adversarial approach to the separation process will most likely be the most cost effective. I suggest you look for a less adversarial approach using a collaborative alternative to litigation such as collaborative law or mediation. Some lawyers claim that they do mediation but actually are not certified to do so. You can look up certified mediators on their website.
Reducing or Managing Your Costs
One of the main advantages that divorce has had over the past years is the availability of lower-cost alternative dispute resolution (ADR) options. Some of these include the cottage industry of collaborative divorce, which combines all the virtues of standard court-based divorce with the added benefit of more private and individualized service than one would receive with standard divorce. And of course, one of the biggest values of collaborative and other forms of divorces is that if you reach a joint agreement there are far fewer legal fees involved. Even better, there are no future costs for litigation or trial proceedings when you come to a fair and equitable agreement early on.
Yet ADR is not the only option available to those who want to save on divorce proceedings. Help is available from both legal aid services and local bar associations. Legal aid services, like the Legal Aid Society of Metro Detroit, offer lawyers who will help with all aspects of divorce for low or even no cost. Many bar associations around the country offer the same types of services – lawyers who will help people with an uncontested divorce for little or no charge. Still, other bar associations charge separate fees for each portion of the divorce process; so those who are uncomfortable with the nonprofit foundation of online divorce services will find similarly-priced legal work through their local bar association with an excellent reputation.
Of course, one needs to take into consideration all aspects of a low-price divorce. Do you have custody of children? Are their assets worth anything? What about debts you will be left holding after the divorce? These facts all come into play when evaluating the total cost of a DIY divorce.
Regardless, the fact that a number of ADR services are out there means that people do have options to pursue before turning to the legal profession for all their needs. While many people need to hire a lawyer for the most complex errors of divorce, and even additional counsel for specific parts of the proceedings, there always remain options for those who wish to avoid or cut the costs of these proceedings. There are, of course, good reasons to avoid using a DIY divorce service as opposed to hiring a lawyer to assist during the proceedings, and even good reasons for paying for the cost of online divorce service rather than a local lawyer. But in all cases the ability to shop around and find the best overall deal, while simultaneously avoiding hidden fees and traps set by dishonest staff, is vital to the successful completion of any divorce proceeding.
Conclusion and Helpful Information
In conclusion, it is important to be fully informed about legal separation in Maryland and how it differs from divorce. A legal separation provides a way for you and your spouse to crowd source the essential questions that you need to resolve prior to moving forward with a divorce. From there, you can either go through the process of divorce amicably with your (hopefully) soon-to-be ex-spouse, or you can utilize the court system to help resolve any outstanding issues that you may have. The choice is up to you.
Further, it is always a good idea to contact an experienced Maryland divorce attorney before entering into a legal separation to ensure that you both are protected before the legal process begins.
Here are some resources that may help you when considering legal separation. They include local and national legal, financial and emotional support resources.
Legal Separation in Maryland
A Place Called Home – Alternative Family Law & Mediation
A Separation Agreement – Maryland Legal Aid
Separation Agreements – Maryland State Law Library
Husband and Wife – Maryland State Law Library and Maryland Family Law Issues
Divorce and Legal Separation – Maryland Legal Aid
Divorce , Separation and Family Mediation – District of Columbia & Maryland Bureau of Enforcement
Separation – Pennsylvania Law Help
Pre-Divorce Checklist – FamilyCourtLaw.com
Financial Resources
Living Separation: How a Legal Separation Saves Money – The Divorce School
Legal Separation: What You Need to Know About Finances – Divorce Financial Advisory
Temporary Dentists – Maryland CPA
Financial Preparation for Divorce in Washington, D.C. and Maryland – JMB Financial Advisors
When Your Spouse Starts Spending All Your Money – All Financial Pointers; not just for separation
Divorce and Separated – USA.gov; Federal Government
Financial Steps to Take Before Filing for Divorce – Money Crashers
Emotional Support Resources
How to Cope With a Legal Separation – DRW Divorce Group
Emotional Effects of a Legal Separation – Divorce Equals Freedom
The Emotional Impact of a Marital Separation – Very Well Family
Emotionally preparing for a separation – Hello Divorce
The Value of Counseling During Separation -The New York Times