Divorce and legal separation have similar effects in many ways. Both a divorce and a legal separation legally create a space between you and your spouse. You live separately. Your finances are separated. Child custody, child support, division of marital assets and debts, and spousal support (called alimony if you divorce) are all ordered by the court. The important difference between a divorce and a legal separation is that when you divorce, your marriage is formally ended. You are no longer married to each other. You are free to remarry. You live your life moving forward as a single person. When you get a legal separation, however, you remain legally married to each other. You must continue to mark that you are married on forms. You cannot remarry. You still have the right to inherit from each other. A child born to a married woman is legally the child of the other spouse unless proven otherwise. Choosing between a legal separation and a divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a legal separation allows them to remain married while being able to live completely separate lives. A legal separation continues your relationship at least to some extent, so you remain connected to each other. If you get a legal separation, you are still entitled to certain benefits, such as Social Security and pensions that provide payments to surviving spouses. A legal separation can be a stopping point on the way to divorce. It allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible. If you get divorced, there is no going back. Legal separations may also be easier for your children, because you remain married and it does not sound as devastating and final as a divorce. In some states, a separation is required before you can get a divorce under certain grounds. Often a waiting period of six months or one year during which you live separate and apart is necessary before you can get a divorce. In other states, a legal separation can become the grounds for a divorce. You resolve all of the issues when you create your separation agreement, live under it for a period of time and that agreement then converts to a divorce decree after a period of time. There are several types of separations. A trial separation is an informal separation during which you live apart and see if a separation or divorce is ultimately what you want. Many couples do this when they are having marital problems. Anyone can separate at any time for any length of time and no court involvement is needed. If you and your spouse are living in two different residences, you are separated. A legal separation occurs when the court formally declares you are separated. Not all states offer legal separation as an option, so it is important to determine your state’s laws. If legal separation is permitted in your state, you can get a legal separation by submitting a separation agreement. You can also obtain one by filing for a separation just as you would file for a divorce. You can even have a trial of you don’t agree. Divorce and legal separation are both valid and useful options to consider when you are dealing with a failing marriage. Take the time to consider which feels more comfortable to you. Some couples end their relationship because of un-resolvable differences or conflicts that can’t be accepted. Others decide to get separated because they simply need time and space to think. Reconciliation is more complicated and sensitive than getting together in the first place. Rebuilding a marriage or relationship involves getting over a broken heart or disappointment in your ex-husband, which requires forgiveness and hard work. If you know your reconciliation will be rocky, consider seeing a counselor who specializes in getting back together after a divorce or separation. At this point, it’s important to take a deep breath and put your emotions aside. You may feel guilt, love, fear, hope, dread, confusion, anger, frustration, concern – you may feel like you’re drowning in an ocean of emotion! But your emotions shouldn’t make the “getting back together after separation” decision for you. Point of a SeparationThere are times when a relationship is burdened by things other than the bond or relationship in and of its self. These could include financial stresses, interference from in-laws or relatives, poor communication or even a lack of space! Alternatively, there may be times when even as adults we need a time out to pull back, take stock and see where we are going wrong so we can work on it. In such instances, a marriage may well be salvable. Separation is meant to give the couple in question the space they need to really determine what they want. If you feel that there is a chance that you and your partner may reconcile and reconnect, that’s brilliant. Staying positive is always a good thing. At the same time, you don’t want to damage the situation further. Different Types of SeparationTrial Separation Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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