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Difference Between Separated And Divorced

Do I Ask The Court For A Separation Agreement

Legal Separation vs. Divorce: What’s the Difference?

No. A court will not draftor give youa separation agreement. You and your spouse, or your lawyers, are responsible for drafting the agreement.

You and your spouse must both sign the agreement voluntarily.

Once your agreement has been signed and notarized, you then file it with the County Clerk.

You can write your own separation agreement, but it is tricky. Legal separation agreements are long and complex.

We strongly recommend you ask an attorney who has expertise in this area to help you. If possible, both you and your spouse should each get an attorney.

What Are The Grounds Of Divorce Under The Hindu Marriage Act

Divorce was not recognized in the ancient Hindu Law, but is now recognized in the Hindu Marriage Act. It was propounded that most of the grounds listed in the aforementioned Act are based on the Guilt theory. The fault grounds that are based on the aforementioned theory are Adultery, Cruelty, Insanity, Desertion, Leprosy, etc. Section 13 of the said Act lays down certain grounds for getting a divorce. Furthermore, it is now possible to obtain a divorce by mutual consent as per section 13 B. Certain grounds of divorce have been discussed below:

How Do The Processes Differ From Obtaining A Separation Versus A Separation

In order to get a separation from your spouse, you need to first determine which type of separation to file. The different types of legal separation can determine your course of path in the situation. Usually couples going through marital problems will contemplate either a legal separation or divorce. In general, spouses can separate at any time for any length of time and no court involvement is required. If you and your spouse are living in two different residences, you are considered separated. A legal separation happens when the court formally declares you are separated.

However, not all states offer legal separation as an option, therefore researching your local state laws with the help of a legal expert is strongly advised. If legal separation is permitted in your state, you can file to get a legal separation by submitting a . Additionally, you can obtain one by filing for a separation similarly as filing for a divorce. Some cases may even go to trial if needed.

Divorce and legal separation are both valid and legal options to couples considering resolving a failing marriage. It is important to invest some time into your thought process for choosing either option for your marriage. Some couples may choose to separate without a court order as it is simpler and avoids costly legal proceedings. Recently, there has been a growing trend in informal separations and no-fault divorces and the formal legal separation process is becoming increasingly rare.

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Legal Separation Vs Divorce

Both legal separation and divorce refer to a legal process that arranges the division of property, child custody, visitation rights, and a schedule of alimony payments . A divorce is a firm legal division that legally ends the marriage. People who choose divorce over legal separation are often either hoping to become remarried in the future, hoping to dissolve nearly all financial and legal obligations between the spouses, or see no legal benefit of maintaining their marriage

Though divorce is more common, there are benefits of maintaining a legal separation. With a separation, the spouses property and financial assets are still divided, however, the spouses often live separately. The key difference is that spouses who legally separate are still considered legally married and can benefit financially if they so desire.

People who seek legal separation often do so because:

  • The spouses are having significant difficulties but want the option to work on their marriage in the future
  • The spouses have not fulfilled the six-month time period that spouses must meet in the state of California before filing for divorce
  • The spouses do not believe in divorce due to religious or spiritual reasons
  • One spouse receives health or social security benefits that they wish to continue to share with the other
  • The spouses want to maintain the tax savings of a married couple
  • The spouses feel that a separation is less devastating and easier to handle than a divorce

Legal Separation Or Divorce: Which Is Right For You

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Legal separation and divorce are similar enough that theyre both valid options for most couples who no longer wish to remain in their relationships. There are pros and cons to both, and its often best to try separating before you commit to a divorce.

Are you in need of a professional divorce lawyer to make your divorce or separation easier? At Husker Law, our team can help. Contact us at for a free consultation today.

Please Note: We can only provide legal advice to residents of the State of Nebraska and the State of Iowa.

Filed Under: DivorceTagged With: legal separation

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Financial Planning Tips For Divorce

  • A financial professional can help you plan for weddings, retirement and, sadly, even a divorce, if necessary. SmartAssets free tool matches you with up to three financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If youre ready to find an advisor who can help you achieve your financial goals, get started now.
  • Spousal support, or alimony, is a part of most divorce agreements. While the nature of alimony has changed over the past several decades, its still very important for spouses to consider in their financial plans.

Time Apart Enables Reconciliation

For spouses who are not entirely sure they want to end their marriage, spending time apart can be incredibly valuable. By taking some time apart from your spouse before you file for divorce, you can ensure that divorce is the right option for you and feel confident moving forward in the divorce process.

If you and your spouse are considering divorce but are not entirely sure you want to end the marriage, separation can be the tool you need to get your marriage back on track.

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California Requirements For Separation

To file for legal separation in California, either you or your partner must be a legal resident in the State. You must also provide a reason for why you are choosing to separate. Because California is a no-fault state, you actually dont need a specific reason to point out what your partner did wrong .

Financial Responsibility During Separation

Divorce Versus Legal Separation

After separation, spouses are typically responsible for any new debt they take on individually. However, if there is debt or other outstanding financial obligations that you acquired as a couple, you are both responsible for those obligations. A legal separation agreement can specify which spouse is responsible for which debt so there is a clear understanding.

Read Also: How To File For Divorce In Ga

What Are The Benefits Of A Legal Separation

Couples unsure about whether they will be able to reconcile and save their marriage or who are hopeful that they will may find a legal separation is the better option. Couples will remain married when legally separated, whereas a divorce is the final dissolution of marriage. If the couple reconciles after a divorce, they will have to remarry.

Additionally, the couple can convert a decree of legal separation to a decree of divorce if they later decide reconciliation is not possible and wish to terminate the marriage. As such, a legal separation can act as a stepping stone to either divorce or reconciliation.

Finally, some choose legal separation for health insurance purposes. Because a divorce ends a marriage, a spouse on his wifes employer health plan will no longer be able to stay on the plan. But if legally separated, he could stay on the plan. Of course, some health plans do not allow spouses to stay on the plan if legally separated, so check with the health insurance company first.

A Chance Of Reconciliation

As the couples remain married due to a separation, there is room for them to reach reconciliation.

The difference between separation and divorce is that separation may be temporary but divorce isnt.

Living apart may allow the two of them to reflect and think about their decision as well as the possible effects of it on their family and future.

Reconciliation is way easier when you are separated and there is also a high chance for couples to eventually put their differences aside and start fresh until and unless they simply can no longer stand each other.

Divorce, however, does not allow any room for reunification and the couples need to remarry if they wish to receive all of their marriage benefits again.

It is clear that divorce is a much more permanent decision as compared to separation, however, each decision has its own advantages and disadvantages. Although there are a few differences between divorce and legal separation, they also have similarities. Hence, it is important to consider all aspects of legal separation and divorce process when contemplating between the two.

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Key Differences Between Legal Separation And Divorce

Ending a marriage is no easy decision. While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart. Both arrangements separate the couple financially and provide legal oversight for child custody and support, spousal support and debt management. However, a divorce completely dissolves a marriage.

If you’re having serious problems with your spouse, a divorce might seem like the only way to split off and protect your finances. However, a legal separation may offer the same protection as a divorce and in some cases works out better. There are personal and financial benefits to consider when determining which is right for you, so let’s examine both options.

Why Choose Legal Separation Vs Divorce

What is the difference between Divorce and Legal Separation In ...

The key difference between legal separation and divorce is that when you are separated, you are still legally married to your spouse even though you are living apart. If you later decide to get divorced, you’ll have to go through the legal steps necessary to terminate your marriage.

Why consider a legal separation vs. divorce? There are several valid reasons why people choose to legally separate but remain married to one another. They include:

  • You and/or your spouse oppose divorce for religious or moral reasons
  • One spouse will soon become eligible for his or her spouse’s government benefits
  • One spouse will remain eligible for the other spouse’s health care or insurance benefits if they remain married
  • There is a tax benefit if you and your spouse remain married to one another
  • You and your spouse think there’s a chance you may reconcile after you’ve had time apart from one another
  • You are not yet eligible to file for a divorce under your state’s residency requirements or waiting period, but want a court-sanctioned separation agreement until you are eligible to file for divorce
  • You and/or your spouse find it less stressful to negotiate a separation agreement than to negotiate a divorce agreement

If you decide to remain married because one spouse will be entitled to the other spouse’s benefits , make sure you read the fine print associated with such benefits. Some benefits will specifically exclude legally separated spouses from eligibility.

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Why Choose Legal Separation

Some parties choose to pursue a legal separation for personal reasons, such as religious beliefs or health insurance concerns. Others choose legal separation because of their county of residence. In all of these cases, the parties have chosen not to terminate the marriage at this time. If you choose to legally separate, neither you nor your spouse will be able to remarry without obtaining a divorce.

The main difference between obtaining a legal separation and obtaining a divorce is that in a legal separation you do not ask the court to terminate your marital status.

Reasons To Choose A Divorce

In other situations, a divorce may be preferred.

  • If you don’t see any financial benefit from a legal separation and are certain you want to end your marriage, it might be best to go straight to a divorce. Otherwise, you’ll spend time and money getting a legal separation only to have to go through the process all over again to get a divorce.
  • If you want to get remarried, you’ll also need a divorce because you can’t legally remarry with a previous marriage in place.
  • If you want no connection with your spouse, such as the ability to make medical or financial decisions for one another, divorce may be preferable, as you are no longer considered next of kin.

It is important to note that not all states allow legal separations. In these states, you’d need a divorce to financially split off from your spouse.

There are key differences between legal separation and divorce. And while we’ve outlined some of them above, your financial professional or lawyer can advise you on what would be best for you. We hope this article helps you have a more informed conversation as you work through your personal situation.

Learning Center articles may describe services and financial products not offered by Protective Life or its subsidiaries. Descriptions of financial products contained in Learning Center articles are not intended to represent those offered by Protective Life or its subsidiaries.

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Is Judicial Separation The Same As A Separation Agreement

No. Judicial separation requires an application to be made to the Court while a separation agreement is something you can make informally between you and your spouse.

If you havent decided whether you want to end your marriage, a separation agreement is a written agreement that can cover a range of areas including:

  • What happens to your home and who continues to live there
  • Arrangements for children, including where they live and who they should spend time with
  • Who pays any mortgage, rent, or bills
  • Who is responsible for any debts, such as loans or credit cards
  • How your assets are divided
  • Whether one of you will pay maintenance to the other

Bear in mind that, if you later do go to Court, the Court will take your separation agreement into account in the event of a dispute. The Court can rule against some of the arrangements you have made if they do not believe them to be reasonable.

Have More Questions Call A Divorce Attorney

Difference between divorce and separation…

Going through the divorce process or a separation can be uncertain. Youre unsure what to do or how to solve your legal issues with your spouse. All you want is to make the process as simple as possible.

We want to help you navigate your divorce at Vasquez de Lara Law Group. We work for you and your best interests.

Call us today to schedule a free case review.

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Entering Into A Legal Separation Agreement

In order for your separation agreement to be legally enforceable, you must first file a petition with the court, and a judgment must be entered. The agreement you and your spouse enter into can be highly detailed and specify child support, custody, alimony, property distribution, and debt division. It can also set forth a plan for parenting time and visitation and address any other aspects specific to your separation.

If you and your spouse cannot agree on the terms of the separation agreement, you might consider attending mediation. Otherwise, the judge will weigh the evidence and testimony in your case and determine the outcome, based on your specific case.

Legal Separation Vs Divorce In California

Youve decided to take action in your marriage because it isnt working out as youd hoped. Ultimately, you have two legal recourses: legal separation or divorce. The main difference is in the permanence of your decision. When you separate legally, you can live and act as separate individuals but can join back together as a married couple. However, after you divorce, your decision to end the marriage is final and youre officially single. Lets take a look at other key differences between the two options.

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Questions About Legal Separation Vs Divorce An Attorney Can Help

Because each state has its own laws regarding property and debt division, it’s important to check the laws where you live. These determinations can become quite convoluted due to the changing of the couple’s circumstances, so it’s a good idea for each spouse to consult with his or her own attorney for help. A local family law attorney can help you sort through the consequences of a legal separation vs. divorce.

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Trial Separation And Separation Agreements

Difference between Divorce &  Separation â Jamiatul Ulama KZN

Trial separations, sometimes called “marriage separations,” are voluntary and don’t require that you file anything with a court. Most spouses choose to try a trial separation when they hope to resolve the problems they’ve been having and remain married. Legally, not much changes for the couple during a trial separationall laws still apply. For example, any debt or assets either of you acquire during the trial separation period are still considered marital property.

No matter what type of separation you choose, it’s a good idea to work out the terms of your separation with your spouse. This includes writing a about topics such as:

You don’t have to enter into a separation agreement to be separated. However, it’s worth taking the time to write out an agreement that both of you sign to avoid confusion and disagreement. And, if you ultimately decide to divorce, you can use the agreement as a starting point for drafting a .

When spouses determine that there’s no hope of reconciling, their trial separation becomes a permanent separation.

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