Separation is one of those words that confuses, intrigues, and scares a lot of people. In fact, one of the first questions that comes up for many considering divorce is, "Should we legally separate first?" I wanted to break down what legal separation actually means, what it requires, and what it protects you from, so I brought back attorney and founder of Sodoma Law, Nicole Sodoma.
Nicole has built a career on helping people navigate the legal side of divorce without losing sight of the emotional side. We get into what actually constitutes legal separation, what happens if you stay married but live apart under an agreement, and why a postnup might be one of the most useful tools you might not have considered.
If you're standing at the edge of this decision, you don't have to have it all figured out today. Give yourself the information, give yourself the time, and find the right people to have in your corner. That's how you get through this well.
What you'll hear about in this episode:
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How legal separation can mean different things depending on your state (2:29)
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What actually constitutes legal separation, and how that gets determined (5:30)
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The benefits and drawbacks of filing for legal separation before divorce, in states that require it (10:00)
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The upside and the risk of staying legally married while living apart under a mutually beneficial agreement, such keeping health insurance (12:55)
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What a postnup is and how it can actually help save a marriage (15:50)
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Reasons you might not want to separate yet (24:39)
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Why putting space between a trigger and your response matters more than you think (32:29)
Learn more about Nicole Sodoma:
As a marriage-loving divorce attorney of 25 years, Nicole Sodoma has pioneered a way through the often- dreaded field of family law with integrity, compassion, and tenacity. Over the years, Nicole has risen to prominence as a national authority on divorce, custody, and co-parenting. However, Nicole never expected to go through a divorce herself. Through her professional and personal learnings, Nicole authored her first book, PLEASE DON'T SAY YOU'RE SORRY in 2022. The book is a witty, honest, and wildly relatable account of the stripped-down realities of marriage, separation, and divorce. While there's no denying that divorce sucks, PLEASE DON'T SAY YOUR'E SORRY serves as a reminder that although the journey can be wholly overwhelming and emotionally exhausting - it also doesn't have to be the worst thing that's ever happened to you. Nicole's new PLEASE DON'T SAY YOU'RE SORRY Workbook is the perfect companion to the book or audiobook, featuring thought-provoking questions, inspirational quotes and must-have relationship worksheets, perfect for anyone navigating marriage, separation or divorce.
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DISCLAIMER: THE COMMENTARY AND OPINIONS AVAILABLE ON THIS PODCAST ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND NOT FOR THE PURPOSE OF PROVIDING LEGAL OR PSYCHOLOGICAL ADVICE. YOU SHOULD CONTACT AN ATTORNEY, COACH, OR THERAPIST IN YOUR STATE TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR ISSUE OR PROBLEM.
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