When you're in a marriage that isn't working out, you have two real options. The first is to separate, and the second is to get a divorce. Legal separation and divorce aren't the same, even though they have similar outcomes in some ways. For instance, a legal separation can help you divide your assets, but a divorce legally dissolves your marriage. In both cases, you are able to return to living a life on your own and away from your spouse.
Determining shared and separate property allocations
When you're going to get a divorce, one of the things that you have to determine is who owns what. Marital property is primarily property that you have gained during your marriage, but there are some items, like items you had before your marriage, that may be marital property now or still be considered yours alone.
How child custody works during separation
During a separation, child custody rights are every bit as important as after a divorce. Typically, child custody rights and issues are resolved as part of divorce proceedings, but if you're only separated, that can be a challenge. If you and your spouse separate, you can make child custody decisions on your own, work through mediation, or get the help of your attorneys to determine a good parenting plan until the case goes to court; if you have a plan you agree on, you may get the court to put it into place permanently.
Is a separation agreement a good idea?
When you are considering a divorce or plan to move out of your marital home, one thing you may want to do is to create a separation agreement. It's helpful to create this agreement ahead of your divorce if you and your spouse can get along and work together to do so, since it can save you time and energy later on. Your separation length may vary before your divorce, so this agreement may benefit you in the short term while you decide how to divide assets and take care of debts.
Separations and divorces: You can file a separation agreement
Separating from your spouse can be a serious moment in your life; you may not be sure about what you're doing or if you're taking the right legal steps to protect yourself. While divorce should be a last resort, a separation can give you time to consider if you want to get a divorce or work on your marriage.
What is a legal separation, and what are its benefits?
Legal separations are not the same as divorces, so they should be understood well before you agree to sign documents or negotiate your separation with your attorney's help. In fact, there are some benefits to legal separations and even to having these separations before getting a divorce.
You can be legally separated with the right documentation
When you're planning on getting a divorce, one of the first steps you may decide to take is going through a legal separation. Maybe you're not sure if you want to go through with a divorce completely, or you want to focus on living separately. In either case, a legal separation can give you protection against things like adultery and give you protection for any new assets you obtain.
Child support and legal separation: The differences
If you decide to legally separate from your spouse, will it change the way child support works? This is an important question, because not understanding what your child will receive can be a struggle for you as a parent. In many cases, parents will be able to work together to determine how much child support will be paid, but this is a situation that doesn't draw as much attention. Without the court's involvement, there's no way for the state to know that your child needs child support payments because of a change in your financial situation.
Is legal separation or divorce better?
If you're considering a divorce or legal separation due to money, you're likely wondering which one will be cheaper for you in the long run. Living separately before you get a divorce, which is what some call a trial separation, can help you decide if you really want to get a divorce. Some people decide to stay separated, and at that point, they can either decide to get a divorce or be legally separated. They may simply live apart and never get a divorce or legal separation at all.
What does a separation agreement notate for the courts?
If you're considering getting separated from your spouse, you may want to consider a legal separation with a separation agreement.This agreement is created after you work through negotiations and discussions about your finances, liabilities and assets. This agreement can help you know what to expect in a divorce or finalized separation, and it can prevent you from having to work through months or years of negotiations in court.