Legal Separation vs Divorce; Similarities

by Janice Zeta

Whenever you are thinking about legal separation vs. a divorce, there are many issues that are the exact same; nevertheless there are several things which are very different. The most important factor to know is that a legal separation isn't an end to marriage, where as a divorce is just that. First we will discuss the details of each choice, and then we describe the similarities between the two.

As we said, Legal Separation isn't an end of marriage. The judge will describe the responsibilities of every party involved. The two of you stay "legally" married, but generally don't live together anymore. You will find some cases that the couple will stay in the exact same house until they determine if they want a divorce, that way they don't have to determine who gets the house and other property until they have produced up their minds.

If a divorce does occur following a legal separation, then the judge will usually look at the existing order on file and use that as a guideline for the divorce hearing. So it is greatest if you have an agreement that the both of you are satisfied with. But it isn't usually feasible for the parties to agree, that's usually why couples choose to get a divorce. The much more you can agree the simpler it'll be when it comes to the legal proceedings. The greatest benefit of legal separation is that you still have the option to reconcile and nullify the entire court filing. It allows you to have a break from each other until you can decide what you want to do.

Divorce will be the direct dissolution of the marriage. After the divorce is final and after any waiting period your state may have, you are totally free to remarry in the event you so select. Generally the waiting period is about 6 months, however it varies by state. The wife (now ex-wife) might select to revert back to her maiden name; this can be done with the divorce filing. It could be carried out following the proceedings are complete but usually has a separate fee, and it can be rather expensive. And divorce could be expensive sufficient, particularly if there are children involved. A divorce is final and cannot be undone, in the event you determine to reconcile after it is final, you will need to obtain remarried.

There are many similarities with regards to legal separation vs. divorce; you both are free to date other people in the event you so choose, you can make you own decisions and not need to wonder if the spouse is going to obtain mad or risk having an argument over it, custody of the kids (if you will find any involved) is determined, and child support is determined. This is just a few examples of the similarities between them.

Your choice ought to be based on your individual scenario. In the event you think you could reconcile with one another after having a "cooling off" period, then legal separation is the greatest solution for you. But in the event you feel the marriage is beyond repair, then filing for the divorce is what is suggested. No matter what option you make, it is highly advised that you seek legal advice and representation, especially if you will find kids involved.

The author has been in the legal field for a years where he specializes in <a href="http://www.divorce-help.org/legal-separation-vs-divorce/">legal separation or divorce</a>. Head on over to his website where you can get <a href="http://www.divorce-help.org/">divorce help for women</a>.

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