Some may believe that legal separation is the first step toward getting divorced. They’re not related. When a couple separates, they are still legally bound by marriage but live separately. In addition to living apart during a separation, couples also split their assets, just as they would in a divorce. There are a number of reasons why you’d separate vs divorce. Learn more below or ask an attorney.
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When a couple files for separation, it is the same process as it would be for a divorce. Partners divide assets, find an agreement on custody and visitation if applicable, and division of any other essential aspects of their lives together.
Where separation differs from divorce is on the final order from the Court – the parties end up staying married, technically.
However, prior to the court finalizing the separation agreement and entering their order; either party can convert the legal separation to a Petition for Dissolution of Marriage. If, however, a Court finalizes the legal separation, and six months pass, the parties can remain separated indefinitely, request that the legal separation be converted to a dissolution of marriage/divorce, or dismiss the action altogether.
Therefore, if one party decides 10 years later that they want a divorce, they have that option. Otherwise, a couple may remain separated but legally married until the marriage is otherwise dissolved or dismiss the action in its entirety.
The courts above have a lot of reliable information if you’re not ready to meet with an attorney just yet.
There may be many reasons why married couples decide to separate rather than divorce. Here is a quick breakdown.
Many parties choose the route of legal separation because they aren’t sure they want the finality of a divorce or because it allows them to stay on their spouse’s insurance or other legitimate reasons. Every situation is different and deciding whether to file for divorce or legal separation is something we can help you with, but ultimately it is what is best for you and your situation.
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