Whenever you are considering legal separation vs. a divorce, there are many issues which are the exact same; however there are several issues which are extremely different. Probably the most important thing to know is that a legal separation isn't dissolution of marriage, where as a divorce is just that. Initial we will discuss the details of every choice, and then we describe the similarities between the two.
As we said, Legal Separation isn't an end to marriage. The judge will describe the responsibilities of each party involved. The two of you stay "legally" married, but usually don't live together anymore. There are some cases that the couple will remain in the exact same house until they decide if they want a divorce, that way they do not need to decide who gets the house along with 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 when you have an agreement that the both of you are satisfied with. But it is not always feasible for the parties to agree, that is usually why couples select to obtain a divorce. The more you can agree the simpler it will be with regards to the legal proceedings. The biggest benefit of legal separation is that you still have the choice to reconcile and nullify the whole court filing. It allows you to have a break from each other until you are able to decide what you want to do.
Divorce is the direct dissolution of the marriage. After the divorce is final and following any waiting period your state might have, you are free to remarry in the event you so select. Generally the waiting period is about 6 months, but it varies by state. The wife (now ex-wife) may choose to revert back to her maiden name; this can be done with the divorce filing. It could be done after the proceedings are total but usually has a separate fee, and it could be rather expensive. And divorce can be expensive enough, especially if there are kids involved. A divorce is final and cannot be undone, in the event you decide to reconcile after it's final, you'll be required to remain married.
There are many similarities when it comes to legal separation vs. divorce; you both are free to date other individuals in the event you so choose, you are able to make you own decisions and not need to wonder if the spouse is going to get mad or risk having an argument over it, custody of the kids (if there are any involved) is determined, and child support is determined. This is just a couple of examples of the similarities between them.
Your decision ought to be based on your individual situation. In the event you believe you could reconcile with one another after having a "cooling off" period, then legal separation will be the greatest solution for you. But in the event you feel the marriage is beyond repair, then filing for the divorce is what is recommended. No matter what option you make, it is highly advised that you seek legal guidance and representation, particularly if there are kids involved.
As we said, Legal Separation isn't an end to marriage. The judge will describe the responsibilities of each party involved. The two of you stay "legally" married, but usually don't live together anymore. There are some cases that the couple will remain in the exact same house until they decide if they want a divorce, that way they do not need to decide who gets the house along with 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 when you have an agreement that the both of you are satisfied with. But it is not always feasible for the parties to agree, that is usually why couples select to obtain a divorce. The more you can agree the simpler it will be with regards to the legal proceedings. The biggest benefit of legal separation is that you still have the choice to reconcile and nullify the whole court filing. It allows you to have a break from each other until you are able to decide what you want to do.
Divorce is the direct dissolution of the marriage. After the divorce is final and following any waiting period your state might have, you are free to remarry in the event you so select. Generally the waiting period is about 6 months, but it varies by state. The wife (now ex-wife) may choose to revert back to her maiden name; this can be done with the divorce filing. It could be done after the proceedings are total but usually has a separate fee, and it could be rather expensive. And divorce can be expensive enough, especially if there are kids involved. A divorce is final and cannot be undone, in the event you decide to reconcile after it's final, you'll be required to remain married.
There are many similarities when it comes to legal separation vs. divorce; you both are free to date other individuals in the event you so choose, you are able to make you own decisions and not need to wonder if the spouse is going to get mad or risk having an argument over it, custody of the kids (if there are any involved) is determined, and child support is determined. This is just a couple of examples of the similarities between them.
Your decision ought to be based on your individual situation. In the event you believe you could reconcile with one another after having a "cooling off" period, then legal separation will be the greatest solution for you. But in the event you feel the marriage is beyond repair, then filing for the divorce is what is recommended. No matter what option you make, it is highly advised that you seek legal guidance and representation, particularly if there are kids involved.
About the Author:
The author has been in the legal field for a years where he specializes in legal separation or divorce. Head on over to his website where you can get free divorce help.
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