Divorce vs. Separation

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Most Common Family Law Issues:

What's the Difference Between Separation and Divorce?

The difference between separation and divorce are:

When to Pursue Separation vs. Divorce?

The reasons for pursuing separation versus divorce will  vary in each situation. Legally speaking, there are important distinctions between the two. Some couples consider separation in the following situations:

Divorce may be considered in the following situations:

How Do I Get a Separation?

There are many different types of separation and ways to obtain them. A couple can get a trial separation by the court if the couple wants to see if divorce or legal separation is something they actually want. Many couples do this when they have marital problems. A legal separation occurs when the court formally declares you separated. During a legal separation, a spouse would still be entitled to some community property benefits.

If legal separation is allowed in your state, you can get a legal separation by submitting a separation agreement. You can also get a legal separation by filing for one just how you would file for a divorce. Couples can also obtain a legal separation through trial if they do not agree on one.

What Are the Benefits of Separation?

Separation can be beneficial for any couple that is going through marital problems:

Do I Need a Lawyer for Assistance With Separation or Divorce?

Understanding whether separation or divorce is right for you can be challenging.  You’ll need to consider your own needs, the needs of your partner, and the interests of any children that may be involved.  Also, you’ll need to have some basic understanding of the laws governing separation and divorce in your area. You may need to contact a family lawyer if you need legal advice on these matters, and if you will be filing paperwork in court.  Your lawyer can also be present during the hearings to provide you with assistance.

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Last Modified: 05-26-2016 11:57 AM PDT

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