How Does A Trial Separation Work?

This arrangement is typically done for one or both parties to have space apart to evaluate their feelings towards each other, as well as their long-term goals and overall compatibility. Many partners choose to separate before filing for a legal separation or a divorce in Burlington, and agree on a time period for the separation, while others don’t. Trial separations can last from hours to years before a decision to separate legally or stay together is made.

Typically, trial separations typically do not involve a Court Order. A written separation agreement is not mandated under Canadian law but having one could be a good idea. It’s important before someone moves out that you have hammered out the finances, debts, childcare etc. Also, confirm the “agreement” in writing even if by an email. In Canada, an “automatic” ground for divorce is having lived separate and apart without cohabitating for a period of 1 year. So, any trial separation period would count towards that 1-year period. 

Like everything, trial separations can be productive in certain situations. Certainly, having a therapy/counseling component is beneficial for both sides if there is a true desire to possibly reconcile. If you are not already in counseling or couples therapy, this would be an excellent time to begin. The counseling can afford the parties an opportunity to work on the issues that have divided them. Counseling can be also helpful if there is no compromise in sight, to start working on collaborative divorce transition issues too.

Open Communication – If you and your partner are not on the same page about the purpose and goals of the informal separation, you are off to a bad start. Both parties should openly discuss in advance his/her concerns in order to get on the “same page”. Vague reasons such as “I just need to get away” seldom provide needed clarity. Don’t assume that your partner wants the same things as you do.

Set Boundaries – It is important to agree upon an end date rather than leaving the trial separation term wide open. Many folks will set a three to six-month term. Realistically, being apart for much longer diminishes the chances of reconciliation.

Commit To The Process – For a trial separation to be successful the mutual commitment of both parties is crucial. What is good for him should equally apply to her.

Avoid Social Media – It’s a VERY goof idea to stay off Facebook and all social media during any trial separation. Nothing good will likely come from any posts.

Consult a Collaborative Family Lawyer – Before separating be sure to meet with an experienced divorce lawyer to share your plan and seek their advice. This can protect you from unforeseen problems down the road. 

A trial separation is a second chance to rebuild and restore your relationship. It does not have to be the prelude for a permanent split. Work hard, exercise good faith and be realistic. If you are considering a trial separation in Burlington, our team of family lawyers and support staff is here to help you. We offer a free 30-minute initial consultation, so you can learn more about your options at no cost to you. Call 905-315-6837 today to get started.