30
Apr 18

What’s the Difference Between Legal Separation and Divorce?

Legal Separation or Divorce?

Legal Separation or Divorce?

When facing trouble in your marriage, couples typically have two options: legal separation or divorce. However, these two things are actually very similar yet very different, and it can confuse some people. In the eyes of the law, the difference between legal separation and divorce is that with legal separation, you and your spouse are living apart but still married, while with a divorce your marriage is legally over. There are other factors to consider when determining if legal separation or divorce is the right option for you and your spouse.

 

Separation vs Divorce

Legal separation is less final than a divorce. Most couples who are trying to decide if their marriage is salvageable often opt for legal separation first. This gives you time to live apart yet still work on the things that are important for you. During a legal separation, you will file this with the courts, and the courts will decide on important factors for you, such as child support, custody arrangements, division or marital assets, etc.

 

During your legal separation, you and your spouse must live in separate homes. However, during this time, you are still legally married, and neither of you are allowed to get remarried or commit adultery. Should either of you do, you could be at fault of breaking the terms of the legal separation agreement, which could negatively affect you.

 

In order to receive a legal separation, neither party must be at fault for committing adultery or for abandonment. If this is the case in your relationship, the court may not allow you to file for a legal separation.

 

Should you and your spouse decide to divorce after the legal separation, all of the details determined during the separation (child support, custody, etc.) will usually just remain the same during the divorce proceedings. This usually allows the divorce to take place in a more expedited fashion and makes it easier on all those involved.

 

Divorce, on the other end, is a legal separation of your marriage, which means the relationship is officially over. During a divorce, all your assets must be divided, and the court will also decide on child custody, child support, etc., if it has yet to be determined. Once your divorce is finalized, you are allowed to legally remarry, and a divorce is allowed by the courts even if abandonment or adultery is committed by you or your spouse.

 

Benefits of Legal Separation

Although choosing legal separation or divorce is a very tough decision to make, there are some benefits of choosing legal separation vs divorce:

  • It gives you time to work on your marriage: Sometimes couples face problems that need to be worked on, and a legal separation allows you to work on those issues while still having your time apart. In some cases, couples who are legally separated work through their issues and end up getting back together and saving the marriage.
  • It gives you time to think: The hardest part about getting divorced is the major change it brings to your life, such as living alone and being financially independent. For some people, this time apart allows you to think about what you really want, how you’re feeling, and to see if salvaging the marriage or divorce is the better option.
  • It can be less stressful: Legal separation can be stressful, but some people find that it’s often less stressful than actually getting divorced. Especially if you decide to end the marriage down the road, being legally separated first allows you to have most of the important issues determined ahead of time.
  • Easier on the children: If you have children, it may behoove you to give your marriage a fighting chance for the sake of the kids. That is if you can work on establishing a peaceful marriage. One of the main battles in any divorce is the child custody part. During a separation, you can test out different child custody arrangements should you eventually get divorced.

If you and your spouse are facing some serious issues, it’s time for you to decide if legal separation or divorce is the right option for you.


13
Oct 12

Need Family Legal Help, National Family Solutions Is The Way.

We are a legal group or organization with a program which is able to assist parents or families with legal problems. We mostly deal with attorneys through the process but it is imperative to keep in mind that we are not a law firm. Our professionals are well acquainted with family law issues and are not only to help you go through the process but you are also going to learn a lot.

Our process is quite simple and all you need to do to access our help is fill out a free consultation form after which one of our representatives get back at you to discuss what you have in hand. It is then that a questionnaire concerning the issue is filled out before assigning the client to an attorney who helps out though the whole process. We deal with quite a number of issues revolving around families.


30
Sep 12

Get Help For Your Family.

National Family Solutions is a program that has aided a lot of families in finding solutions to the problems they encounter in their families. It is a program that has a lot evolving around families and getting aid from them will not only assist you in getting solution to your problem but also learn a lot about family legal issues.

However, before proceeding to get this help, one needs to first consult a representative of the program and if he passes the qualification step he can now go to the next process which is all about getting a representative from them who will aid you all through the case. You will however be needed to fill in a form having information related to their case. The main goal of this service is to aid parents with all the information they need to aid the judge make a good decision concerning the family.