In terms of the law, there are actually two main types of separation: Legal Separation and Divorce. What is the difference between them? Is one better than the other? As you continue to read this article, you will be introduced to the basics of these two separation procedures.
A Legal Separation is a process where the parties in the divorce agree to separate legally from one another. Divorce laws in many countries do not allow for a legal separation. There is often a long and drawn out legal process involved with a divorce proceeding. In many cases, the legal separation does nothing to protect one or the other party’s rights. Therefore, a divorce proceeding is always necessary.
When entering into a legal separation, both parties are typically separated for at least one year. This gives each individual time to reconsider their decision to divorce and seek counsel from an attorney experienced in divorce proceedings. This is very important because a divorce can affect children, who are directly affected by a divorce in many ways. Children of divorce that grow up in broken families are more likely to be emotionally and physically abused in later life than those whose parents remain married.
How does a Legal Separation differ from a simple divorce? First of all, there is no distribution of marital assets. Both parties are treated equally in the eyes of the law. Assets are divided according to what was previously defined as marital property under the current divorce laws of the area. Legally speaking, the separation does not have to involve a settlement of the debts. The couple may decide how the money will be distributed after the separation is finalized.
During a Legal Separation, the parties do not have to settle any debts, maintain joint bank accounts, or pay child support. They may decide whether or not to get a divorce in the first place. Even though a separation does not officially terminate marriage, it does mean that the marriage is over and that the relationship between the spouses is now over. No longer is there the threat of a divorce if the parties decide to try to repair the relationship after the separation. If both parties agree to remain married, then the marriage can still be terminated in court.
If you are considering a legal separation, then there are a few things that you should consider. A Legal Separation does not eliminate any financial obligations that you have towards your spouse. If you want to continue making payments on your house, you can do so after the separation. You can also continue making payments towards your auto insurance policy.
On the other hand, there is a big difference between this type of divorce and a typical Divorce. In a Divorce, a judge decides the dividing up of assets, but in a Legal Separation the decision is left up to you. The court will determine what is fair for you as an individual and then look at what would be in your best interest as a couple. For instance, suppose that you had a home that was valued at two thousand dollars. You and your spouse agreed that you will split the money equally, but if you live in a state where no spousal benefit is available you will have less money than you would with a typical divorce.
It is important to remember that each situation is different and there may be different ways that you can go about separating from your spouse. There is nothing wrong with consulting a divorce lawyer to find out what your options are. Although, if you feel like you can handle the settlement proceedings on your own, then you may want to try it. No matter what kind of separation you have in mind, you should talk with a divorce lawyer and decide together what the best thing is for you and your family.