Legal Separation Vs Divorce: The Low Down
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by: JenniferD.Gray
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Legal separation is very similar to divorce, with the operative word being similar. In a legal separation the parties involved are still married however they are not living together and like with divorce, property, assets and child custody has been divided. Legal separation is not permanent like divorce is. A legal separation can be reversed at any time without hassle or complications.
A legal separation occurs when the two parties are living separately and it has been filed through the court system. Do not mistake a legal separation for a separation. A separation is not filed with the courts and does not carry the same provisions as a legal separation. Much like a divorce, a couples assets, property and child custody are addressed via a separation agreement which is filed with the courts. A separation does not provide provisions and is based solely on verbal agreements. A separation is mainly used to determine if separating is really what a couple wants to do. There is not paperwork or filing with the courts in the case of a separation.
With so many similarities, you may be wondering what the real differences between a divorce and legal separations are. For starters a divorce is permanent with no chance of reversal unless you remarry. Divorced couples also loose the tax benefits of being married and it can cause loss of insurance coverage and benefits offered to married people. With a legal separation a married couple can be living apart but still have the benefits associated with being married.
A divorce carries many changes when it comes to taxes, insurance and other jointly carried things. A legal separation allows you to maintain the benefits afforded to being married such as tax benefits and insurance. Some individuals could not afford to lose these benefits. A divorce also eliminates the possibility of reconciling without having to be remarried whereas a legal separation can be canceled at anytime without question. Permanent or temporary is something to really take into consideration.
Amazingly only 50% of all first marriages end up surviving, the other 50% ends up in divorce. This statistic could probably be lessened if more couples had a better understanding of what their options and other alternatives were. Giving a legal separation a try just seems like a better alternative than jumping right into a divorce; however there are some circumstances where divorce is the only means.
Whether you choose to have a divorce or a legal separation it is highly recommended that you obtain legal counsel. Both a legal separation and divorce require filings to be made in the courts. A divorce also requires a reason for the divorce whereas a legal separation does not require any reasoning. Do not take for granted the different options afforded to you, sometimes making decisions quickly and while in an irritated or frustrated state is rash. Divorce and legal separation are not games, they are serious matters and need to be viewed as such.
Divorce is not something anyone wants to experience but there are times when the only alternative to a bad marriage is divorce. Whether you decide to have a full blown divorce or give a legal separation a try, it is important to find out all the details and facts before making a decision. Each state and country have different rules and prerequisites that apply for both legal separations and divorce. This is one of the most important decisions you will make; therefore, make it wisely.
About the Author
It is amazing how many marriages actually end in divorce, know all the facts and options about Legal Separation Vs Divorce. Learn practical guide to Father's Rights Child Custody when filing for divorce.
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