In contrast, during a legal separation you draft together a settlement agreement that sets out the rights and responsibilities that will apply to each spouse while they are living apart. During this time you are still legally married despite choosing to live separately. It is worth noting that this is different to a decree of judicial separation which can be arranged through the family courts.
These changes to your marital status and the consequent adjustments in your life can be painful and overwhelming. As a result, it is a good idea to familiarize yourself with the differences between these three terms, which will enable you to make an educated decision regarding the future of your marriage.
Separation requires no legal action.
Couples who are married, but no longer live together fall into the category of separated. Legal separation, on the other hand, is achieved by filing a court petition. Unlike separating, the process of obtaining a legal separation can, in some cases, take as long as getting divorced, and often involves the same legal expenses.
Legal Separation Versus Divorce Legal separation and divorce are similar because, in both cases, key issues such as custody and placement of children, visitation rights and alimony are addressed. There are a number of reasons why some people opt for legal separation as opposed to a divorce.
Examples include religious beliefs or morals that discourage divorce. Remarriage Because legal separation means that two people are still legally married, neither party can marry another person until the legal separation turns into a divorce.
As a result, filing for divorce is the ideal choice for those who wish to remarry in the immediate future. Couples who feel that they have still have a chance to save their marriage, on the other hand, often file for separation.
Trial Period Some couples suggest that separation has a psychological dimension that divorce lacks. Separation, be it legal or not, provides both parties with a glimpse at what it is like to no longer be married to the other person.
As a result, separation can be viewed as an introspective experience that can help couples to understand whether or not they are truly ready for divorce. Marriages can be saved as a result of this trial period, which is not possible for couples who immediately file for divorce. Couples who are divorced, however, must get married again.
Couples may convert a legal separation into a divorce at any time, if there is mutual agreement on the issue or after a year of separation, if only one party favors the divorce. Couples who choose to reconcile after filing for divorce can request to delay the action by 90 days.
After this waiting period, the couple either dismisses, or proceeds with the divorce. Nikolai is currently working in online marketing and communications. She has been writing sincespecializing in made-for-Web content and maintaining her fashion and beauty blog.The key difference between legal separation and divorce is that when you are separated, you are still legally married to your spouse even though you are living apart.
If you later decide to get divorced, you'll have to go through the legal steps necessary to .
The key difference between legal separation and divorce is that when you are separated, you are still legally married to your spouse even though you are living apart. If you later decide to get divorced, you'll have to go through the legal steps necessary to terminate your marriage.
Separation, legal separation and divorce are terms that refer to changes in the status of a marriage. These changes to your marital status and the consequent adjustments in your life can be painful and overwhelming.
As a result, it is a good idea to familiarize yourself with the differences between. Call Brown & Charbonneau, LLP today to schedule a consultation and learn more about your legal options for separating or ending your marriage.
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