Couples like Courteney Cox, David Arquette who try 'trial separations' are likely to end in divorce

Don't hold your breath waiting for a reconciliation between celebrity couples like the recently separated Courteney Cox and David Arquette, or Christina Aguilera and Jordan Bratman. Legal experts say the term "trial separation" - which these married couples are in the midst of - is what nearly always precedes a full-on divorce.

"A trial separation is just a precursor to divorce," says Laurence Greenberg, divorce attorney and legal expert. "It means they have made a statement to no longer live with each other but have not actually consulted or chosen an attorney yet."

Nearly 100% of the couples who agree to a separation end up divorced, says Stuart Slotnick, a defense attorney at Buchanan Ingersoll & Rooney. "It's a baby step in the direction of divorce that two partners take when they are not ready to make the decision to divorce, but are already on that path."

In the case of Cox and Arquette, who have been married for 11 years, the fact that a new woman has entered the picture (Arquette admitted sleeping with someone since he and Cox split) doesn't bode well for their future together.

"This can result in even more acrimony when one of the partners has the hope that they can reconcile and fix things when the other partner is definitely out of it," Slotnick says.

Celeb couples in particular are likely to go the separation route initially because they have a public image they feel compelled to protect and they want to de-sensationalize their breakup as much as possible, Greenberg says. Legally, a trial separation doesn't have consequences.

Occasionally, a trial separation is undertaken after a couple turns to a marriage counselor who suggests letting the relationship cool off for a little bit.

While living apart, the couple can try to conjure the feelings and qualities that attracted them to each other in the first place, says attorney and certified family law specialist Steve Mindel, of Feinberg Mindel Brandt & Klein in Los Angeles.

"It can allow them some time to concentrate on what is important in their relationship," Mindel says.

While a trial separation doesn't usually conclude with a happy couple walking into the sunset, there are occasions when it can work.

"If the parties are physically separated from each other but they are taking actions such as going to marriage counseling, or having a calendar or schedule of goals they want to reach together, then this type of non-traditional trial separation may work," Greenberg says.

For couples with a child, there may be an increased motivation to stay together. Aguilera and her music producer husband have a 2-year-old son who they say they remain committed to. They are reportedly trying to work on their marriage, which lasted for nearly five years, according to "Extra."

"They were very much in love," a source told Us magazine. "But over the last six months, it became clear they were more like friends than husband and wife."

(Published by NY Daily News - October 13, 2010)