If you're considering ending your marriage, you may have heard of the term "legal separation." But what exactly is legal separation, and how does it differ from divorce? In this article, we'll answer those questions and more.
What is Legal Separation?
In a legal separation, the court issues an order that requires the couple to live apart for a certain period of time. Unlike divorce, however, a legal separation does not end the marriage. This means that the couple is still technically married and cannot remarry during the separation period.
There are a few reasons why couples may choose legal separation over divorce. For one, some couples believe that they may be able to work out their differences and reconcile during the separation period. Other couples may have religious or personal objections to divorce. And finally, some couples may simply want to take a separation agreements before making the decision to divorce.
How is Legal Separation different from Divorce?
There are several key ways in which legal separation differs from divorce. First, as we mentioned above, legal separation does not end the marriage like divorce does. This means that the couple will still have many of the same rights and responsibilities as married couples do, such as the right to file joint taxes and the responsibility to support any minor children.
Another key difference is that in most states, property acquired during a legal separation is not subject to division like it would be in a divorce. This means that each spouse gets to keep whatever property they acquired during the separation period. Finally, unlike divorce, there is no waiting period for legal separations—the couple can file for legal separation as soon as they live apart.
If you're considering ending your marriage but aren't quite ready to commit to divorce, you may be wondering if legal separation is right for you. In this article, we've answered some of the most common questions about legal separations so that you can make an informed decision about what's best for you and your family.
What is a legal separation?
How is a legal separation different from divorce?
What are the benefits of a legal separation?
What are the drawbacks of a legal separation?
How do I get started with a legal separation?
A legal separation is when a married couple decides to live apart but remain legally married. This means that they are still considered to be husband and wife in the eyes of the law, but they no longer live together or share any financial responsibility. The couple may decide to legally separate for personal or religious reasons, or because they want to take a break from their marriage without getting divorced.
There are several key differences between legal separations and divorces. First, you can't remarry after a legal separation, but you can after a divorce. Second, a legal separation does not end your marriage, but a divorce does. Finally, in some states, assets acquired during a legal separation are still considered to be marital property and may be divided equally between the spouses if the couple divorces later on.
There are both benefits and drawbacks to a legal separation. Some couples find that it allows them to take a break from their relationship without the finality of divorce, while others find it to be a costly and time-consuming process. Ultimately, the decision of whether or not to legally separate should be made by both spouses after careful consideration and discussion.