|
Understanding the Difference Between Legal Separation and Divorce
|
| 3 thumbs up |
 |
|
By: XSTILLA.COM
The first, and most obvious, difference between a legal separation and a divorce is that with the former you are still married to your spouse, and with the latter, you are no longer legally married to each other. Another major difference is that with a legal separation the court cannot distribute any property, unlike with a divorce.
Many people also confuse the term "separation" with "legal separation" thinking the two are one and the same. With a regular separation, the couple simply chooses to live apart from one another. There are no papers to file and no law says that spouses must actually live together. For a separation to be considered legal, papers must be filed with your local division of Supreme or family court, and in some cases, the process may take as long and cost about the same as getting a divorce.
With a legal separation, a court order may list in detail the responsibilities, and also the rights, of both parties while living apart, which is the same during the divorce process. In most cases, this type of formal separation agreement filed through the court system is needed to protect one's best interests until both spouses have agreed to file for a divorce. Currently, there are only six U.S. states that do not recognize a legal separation of marriage and they are Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas.
When couples do choose to divorce after a legal separation and their case must be heard before a judge, the court will usually assume that your separation agreement was satisfactory to the both of you and make a similar judgment for the divorce settlement. This is helpful for couples to remember when filing for a legal separation as they can then prepare for a settlement that's agreeable and fair to both parties over the long term, and not just for the separation.
The major advantage of filing for a legal separation rather than divorce is that it gives spouses time away from one another, away from the constant conflict, allowing each the chance to contemplate whether or not a divorce is what they really want. However, if after careful consideration divorce is found to be the best solution, a legal separation agreement can easily be changed to a divorce settlement agreement.
Other couples choose a legal separation due to religious reasons, or to stay on their spouse's health insurance plan, or for tax purposes. Both spouses may file their tax returns jointly if they are legally separated, but not after the divorce decree is final. Also, staying married for 10 years or more may allow one to qualify for certain social security spousal benefits.
The Key Aspects of a Legal Separation
- Spouses are still legally married
- Women may not resume their former surname
- All assets and debts are divided
- Alimony orders may be filed
- Custody, child support, and visitation orders may be filed
The Key Aspects of a Divorce
- The marriage has been legally ended
- Women may resume their former surname
- All assets and debts are divided
- Alimony orders may be filed
- Custody, child support, and visitation orders may be filed
|
| I like it |  |
|
Previous Article
