Legal Separation vs. Divorce

Legal Separation vs. Divorce

At the time of choosing legal separation or divorce you should understand how they compare and how they would affect your life.

It is very confusing to decide whether to get a legal separation or a divorce.

It is important to understand the legal and emotional effects of both legal separation and divorce possibilities and analyse the options, to make a deçision.

Understanding Separation vs. Divorce

Divorce and legal separation have the same effects in various ways. 

A divorce and a legal separation both legally create a distance between you and your spouse.

You live separately. Your finances are separated. The court ordered the various things such as child custody, child support, division of marital assets and debts, and spousal support.

Both legal separation and divorce create an important division in your lives and also create financial rules and boundaries that you are required to maintain live.

The main difference is, your marriage formally ends when you divorce. You are free to remarry. You live as a single person.

You remain legally married to each other when you get a legal separation . You must continue to proof that you are married. You can not remarry. 

Why to Get a Legal Separation in lieu of a Divorce ?

It is a matter of personal preference of choosing between a legal separation and a divorce.

A legal separation allows  to remain married while being able to live completely separate lives. Because they have religious or personal beliefs that do not allow divorce.

In a legal separation you remain connected to each other, as it continues your relationship at least to some extent.

If you get a legal separation, you are still authorized to certain benefits, such as Social Security and pensions that provide payments to live spouses.

On the way to divorce, a legal separation can be a stopping point. It allows a couple to resolve all the important issues such as custody and financial issues in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible.

A divorce is irreversible, that means if you get divorced, there is no going back. Legal separations may also be easier for your children, because you remain married and it doesn’t sound as devastating and final as a divorce.

Separation to Get a Divorce

In some of the states, a separation is required under certain grounds before you can get a divorce. There is a waiting period of six months or one year during this period you live separate and apart if necessary before you can get a divorce.

A legal separation can become the grounds for a divorce in other states. When you create your separation agreement, you resolve all of the issues, live under it for a period of time and that agreement then it  converts to a divorce decree after a period of time.

How Do I Get Separation ?

There are several types of separations.

During a trial separation you live apart and see if a separation or divorce is ultimately what you want. Many couples do this when they are having marital problems.It is an informal separation.

Anyone can separate at any time for any duration of time and there is no need of court involvement. You and your  spouse are separated if you both are living in two different residences. 

When the court formally declares you are separated, then a legal separation occurs.

lt is important to determine your state’s laws, because not all states offer legal separation as an option. You can get a legal separation by submitting a separation agreement, If legal separation is permitted in your state.

Just like you would file for a divorce, you can also obtain one by filing for a separation. You can even have a trial if you don’t agree.

When you are dealing with a failing marriage, divorce and legal separation are both valid and useful options to consider. 

But it totally depends on you to consider which feels more comfortable to you.

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