Divorce and separation are an option many people heavily heartedly consider when their marriage doesn’t go as they planned and their promises like ‘till death do us apart’ don’t mean anything anymore. Most of them come into the marriage thinking they will grow old together which is why they don’t really understand the concept of separation, divorce and the differences between them.
Divorce and separation vary from each other in different aspects. Separation is an option if you are thinking ahead and might want to see how things work out after separating before going for litigations over this matter. But, you might be left with only a divorce option in some cases.
So, how do you tackle such situations, and what is the difference between divorce and separation? This blog post mentions some frequently asked questions about separation and divorce.
However, if you feel that all your questions were not answered, consult with a family or divorce lawyer who will be able to provide you with advice specific to your case.
Also Read: What Happens To Real Estate During A Divorce?
What Is Separation?
Separation is different from divorce because it does not involve legal responsibilities and duties. It means that the couple has chosen to separate some aspects of their lives but are legally married.
Separation is often done to see if they can carry out their lives without each other or not. This helps them make important decisions about their property, bills, debt, and children.
What Is Divorce?
On the other hand, divorce is the legal dissolution of a marriage. If one person wants to end a marriage, he or she has to seek legal services to hire a divorce attorney for this purpose.
In this case, special agreements are made to distribute property bills, debt and parenting time.
Is A Separation Agreement Required For Separation?
The answer is ‘no’. There is no separation agreement required if you want to get separated from your partner for a certain period. Therefore, you do not have to file anything to begin your separation.
However, it is better to maintain documentation such as a lease, receipts, or other proof as evidence for your actual date of separation. This date might be required for divorce-related matters. However, you do not need to have any separation agreement for separation.
What Is The Difference Between Trial Separation And Legal Separation?
Trial Separation
Trial separation is done based on a trial. It is kind of an informal agreement between two spouses to get separated and decide whether they can continue living without each other or not. All assets, property, and finances acquired during a trial separation are marital.
Legal Separation
Legal separation is one that is done legally. In this case, the couple asks the court to approve the terms for their separation and make them live apart.
Different terms can be specified in this legal separation, such as managing finances, spousal maintenance, and debts. This method also gives the couple ample time to decide whether to reconcile or file for divorce.
How Long Can The Period Of Separation Be?
The period of separation can be as long as the couple wants. If any one of them wants to remarry or get a divorce, then the period of separation is finished. However, the two spouses will be separated during that period but remain married legally.
Can Separation Reduce The Chances Of Divorce?
Many people think that separation is one step closer to divorce because certain things in the relationship led to the situation. However, if we look at the bright side of the picture, it can also be positive for the couple and their relationship.
They might get back together after it and work on the relationship. However, if nothing seems to work and problems remerge again, divorce might be the only option left.
Why Is The Date Of Separation Important?
The date of separation is important for distributing the property during the divorce. It is also important for child support or spousal support. Your separation lawyer will help you in this case. All you need to do is to jot down the separation date.
About Peak Family Law
Separation and Divorce are some of the most stressful events of your life. It is important to find a lawyer that fits with you and can smoothen the process. Contact Peak Family Law if you require professional assistance with family law matters. You can visit our website here or contact us for more information.
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