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's best when you have an agreement that the both of you are satisfied with. However it is not always feasible for the parties to agree, that is generally why couples select to get a divorce. The more you can agree the easier it'll be with regards to the legal proceedings. The biggest advantage of legal separation is that you simply still have the choice to reconcile and nullify the whole court filing. It allows you to have a break from one another until you are able to determine 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 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 should be based on your individual situation. If you believe you could reconcile with one another after having a "cooling off" period, then legal separation is the best solution for you. But in the event you feel the marriage is beyond repair, then filing for the divorce is what is suggested. Regardless of what choice you make, it's extremely advised that you simply seek legal advice and representation, particularly if you will find 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's best when you have an agreement that the both of you are satisfied with. However it is not always feasible for the parties to agree, that is generally why couples select to get a divorce. The more you can agree the easier it'll be with regards to the legal proceedings. The biggest advantage of legal separation is that you simply still have the choice to reconcile and nullify the whole court filing. It allows you to have a break from one another until you are able to determine 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 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 should be based on your individual situation. If you believe you could reconcile with one another after having a "cooling off" period, then legal separation is the best solution for you. But in the event you feel the marriage is beyond repair, then filing for the divorce is what is suggested. Regardless of what choice you make, it's extremely advised that you simply seek legal advice and representation, particularly if you will find kids involved.
About the Author:
The author has been in the legal field for a years where he specializes in legal separation vs divorce. Head on over to his website where you can get divorce help.
