When spouses start to consider divorce or take a break, there are number of different ways this can happen. They can simply separate, they can have a formal legal separation,
or they can actually divorce. Understanding the differences of each of these and their implication is very important and each option should be considered based on your individual circumstances.
Separation: Living separate and apart from your spouse for some amount of time, from a few months to many years, and on occasion indefinitely. This is often a trial period prior to a divorce.
Legal separation: A legal process by which a married couple may formalize the terms of their separation while remaining legally married. It clarifies the legal duties the parties have to one another while they are living separately. While typically temporary, some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.
Divorce: (also known as dissolution of marriage) The legal process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law. Divorce allows each former partner to marry another person.
What is the difference between separation and legal separation?
Separation is simply that, being apart. Some people even "separate" while still living in the same home. Many states require a period of separation before they will grant a divorce. This informal separation does nothing to separate legal responsible for bills, home, etc and typically there are no formal agreements about how to divide assets or custody. Legal separation on the other hand begins to address these topics in a formal way and results in a written contract between the parties on these issues. To learn more about if you need a separation agreement, read our article "Do I need a Legal Separation agreement while living apart from my spouse?"
What is the difference between legal separation and a divorce?
A legal separation, like a divorce, may address the division of assets and debts, division of debts, child custody, child support, and alimony or "separate maintenance". Unlike divorces, separation agreements are typically temporary in nature while a couple decides whether or not to formalize their divorce or reconcile. Separation agreements do not sever the marriage and do not end legal ties between the parties, but they may clarify expectations during the separation.
Once you enter into a separation agreement, they are VERY difficult, if not impossible, to undo. There is a long-standing principle under the law that people can make as good or as bad of a contract as they want. Make sure you are happy with your agreement before you sign it. You likely want to consult with an attorney before signing a separation agreement.
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