What is the Difference Between Separation and Divorce?
Provided by HG.org
Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation. When going to court, it is often important to use very precise terms to describe a situation in order to make sure your rights are protected, so it is important to understand the distinction between these three terms.
“Separation” simply means living apart. You do not need to file court papers to separate and the law does not require you to live with your spouse. However, separating from your spouse may affect some of your legal rights, such as certain benefit status requirements or taxes. The best way to determine whether separation is the best option for you and your spouse is to talk to a qualified, experienced family law lawyer before separating. If you do separate, you will need to work out arrangements for the care of the children, if you have any, child support/spousal support, and payment of bills. If disputes begin to arise, a mediator (a neutral third party who helps facilitate agreements) or a lawyer can help you and your spouse reach an understanding. A lawyer can also advise you on your legal options if an informal agreement is not possible, as well as the legal consequences of any course of action you and your spouse may decide to take. If you are not ready to file for a legal separation or divorce, but need the court’s help in getting child support or spousal support there are often special procedures in most jurisdictions that allow you to do so. A court may also be able to enter orders about custody and visitation without filing for a legal separation or divorce.
“Legal Separation” is a major change in the status of your marriage. To get a legal separation in states that recognize this status, you must file a petition in the court. It is a distinct legal status rather than being a first step to getting a divorce. In other words, you do not need to become legally separated to become divorced; you can simply jump straight to divorce if you choose or remain legally separated indefinitely. In fact, legal separation often takes as long as a divorce and costs just as much.
In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders. All the family assets and debts are permanently divided. The biggest difference is that if you have a legal separation, you are still technically married. The wife may not resume her former name, the parties can continue to retain certain tax and benefits statuses, etc. Some couples choose legal separation over divorce because of religious beliefs or moral values against divorce, others to retain insurance benefits.
“Divorce,” of course, is the complete dissolution of the marital state. All assets are divided, support is determined, arrangements are made for the children, and the wife may return to her former name. Once the former spouses become divorced, their estates are once again separated, and they usually may not share health insurance benefits or tax filing statuses.
If you are considering separation or divorce from your spouse, it may be wise to consult with a qualified, experienced family law attorney in your jurisdiction. Your attorney can advise you on the process involved with either procedure, the benefits and problems, and other factors you may need to consider in deciding to separate or divorce.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
“Legal Separation” is a major change in the status of your marriage. To get a legal separation in states that recognize this status, you must file a petition in the court. It is a distinct legal status rather than being a first step to getting a divorce. In other words, you do not need to become legally separated to become divorced; you can simply jump straight to divorce if you choose or remain legally separated indefinitely. In fact, legal separation often takes as long as a divorce and costs just as much.
In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders. All the family assets and debts are permanently divided. The biggest difference is that if you have a legal separation, you are still technically married. The wife may not resume her former name, the parties can continue to retain certain tax and benefits statuses, etc. Some couples choose legal separation over divorce because of religious beliefs or moral values against divorce, others to retain insurance benefits.
“Divorce,” of course, is the complete dissolution of the marital state. All assets are divided, support is determined, arrangements are made for the children, and the wife may return to her former name. Once the former spouses become divorced, their estates are once again separated, and they usually may not share health insurance benefits or tax filing statuses.
If you are considering separation or divorce from your spouse, it may be wise to consult with a qualified, experienced family law attorney in your jurisdiction. Your attorney can advise you on the process involved with either procedure, the benefits and problems, and other factors you may need to consider in deciding to separate or divorce.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
