What Is the Difference Between Divorce and Legal Separation?

What Is the Difference Between Divorce and Legal Separation?

Sometimes a relationship that started off well can turn unhealthy and abusive. And this happens more often than it should, but that’s the reality. In these cases there are many steps the couple can take, such as couples counseling, to reverse the trend. But sometimes there is no getting back to the healthy happy relationship and all that’s left to do is get out.

Ideally, you should either divorce or separate from your spouse. In this article, you will find useful information regarding the differences between the two options.

Once you are finished reading, you will know the definition of a divorce and the definition of legal separation, and the legal procedures that you will have to take care of in both cases.

What Is Divorce?

According to experts from https://www.survivedivorce.com/, divorce or dissolution of marriage is a legal procedure that allows the former partners to end their marriage contract. There are many reasons why people decide to divorce. People who decide to divorce can be unhappy in their marriage, there may have been infidelity, or there might be physical or emotional abuse.

Apart from ending your marriage, there are many things that you will have to do. For example, you will have to divide your property with your spouse. You may also be required to pay child support and alimony, and you will also have to make sure that the custody of your children is regulated.

From a legal standpoint, a divorce is a release from contractual obligations of marriage. So, in order for a court to accept a divorce, one of the parties must prove that there was a breach of the marriage contract. In most cases, this is rather easy to do, as the court has no interest in obliging people to stay married if one or both of the parties does not want to.

Where you may come into difficulty is if one of the parties does not wish to grant the divorce. However, in these cases, it is rare for the court not to grant a divorce.

What Is Legal Separation?

Legal separation is very different from divorce. When you are legally separated, you are still technically married; you are entitled to the same taxation benefits, but are also held to the same legal obligations as a married person, meaning, for instance, you cannot get married to someone else.

Legal separation is a good halfway measure that more easily allows for reconciliation down the road. Sometimes people just need time apart to get their thoughts together and better assess the situation.

In most cases, legal separation is just a temporary measure that is used by people who wish to separate for a certain period of time but have not made up their minds regarding divorce.

The main reason why someone might go for legal separation rather than divorce is because of religious reasons. Some religious groups believe that divorce is a sin and therefore people who are part of such groups usually go for legal separation instead of divorce. Another thing that can cause a person to legally separate from his or her spouse is if they want to keep their rights as parents. In addition to this, they might also need time to figure out if they want to remarry or if they want to simply live as single parents.

Legal separation does not have a time limit. If you decide to legally separate from your spouse, your separation can last as long as it needs to last until you decide to either get back together or file for divorce.

Unlike legal separation, there are time limits for divorce. The waiting period before you can finalize your divorce varies from state to state. This waiting period has been added to see if the couple will reconcile, and if they do, it will save them from having to start over with the divorce process.

In order to be granted legal separation, one of the parties must file with the court. The cost is the same and it takes just as long as filing for a divorce – usually 8 – 10 months.

What Is Annulment?

Apart from legal separation and divorce, there is also another option called annulment. Annulment challenges the legal validity of the divorce, claiming the contract was entered into without meeting all the necessary prerequisites. Annulment means that your marriage never happened in the first place. This is why it is also called “de facto” which means that something happened but it was never officially recognized.

Annulment is a bit complicated because in order for the court to rule that your marriage never occurred in the first place, you will have to prove that you were forced into the marriage, that you were underage when you got married, that you were too inebriated when you got married, or that your spouse was already married when he/she married you.

Legal Separation and Divorce – What Is the Difference?

So, what is the difference between legal separation and divorce? Well, a legal separation means that you are still married but you want to have your own households and your own lives. However, if you decide to legally separate from your spouse. You can always go back to them and reconcile your relationship.

On the other hand, a divorce means that the marriage has ended and that the couple will not get back together. If one of the parties decides to file for a divorce, then he or she will have to divide their property with their spouse, pay child support and alimony, and make sure that they do not lose the custody of their children.

Divorce is generally a difficult process that entails many legal, logistical, and emotional trials. If you are thinking about filing a divorce, it is a good idea to be surrounded by knowledgeable and helpful people who can assist with these matters. Good luck.

Published at Tue, 06 Jul 2021 06:42:30 -0400