Legal separation vs divorce, many people need to ask, ‘what’s the difference?’. This article will give you the knowledge you MUST arm yourself with before you go forward in any divorce proceedings.
Right out of the gate, it is vitally important to understand the technical distinction between a legal separation and a divorce. The concept can simply be explained by the following; divorce is a permanent end to marriage, whereas a legal separation allows time for reconciliation. Divorce is final, legally binding, and the final step in ending a marriage; it allows both parties to remarry other people immediately. A legal separation does not end a marriage, it is merely a formal separation of two people. Neither party can remarry until a divorce has been granted, but a legal separation can, and often does, include particulars on issues of alimony, child support, child custody, and property division.
Now that the difference between legal separation vs divorce is understood, it’s important to understand WHY legal separation is common, and actually mandated in most states prior to a divorce. What a legal separation does is allows both parties in the marriage to ‘cool off’ emotionally for the situation. Often there is a specific stressful incident or argument that leads to the initial separation, and if one or both spouses are thinking it may be time for divorce, they can proceed with a legal separation with the understanding that nothing is finalized. Many states have legislated this process into state law as means to safeguard the interest of married couples; lawmakers understand the need for marriage to be held as a sacred institution, but also recognize that the reality is that often things simply don’t work out. A legal separation allows both parties the time and space they need to process feelings and emotion before making a decision. As well, certain religions and cultures simply do not allow divorce, for those unlucky enough to be stuck in a failing marriage that they feel compelled to see through, a legal separation can allow them to move apart without the stigma associated with an actual divorce.
As well, it is often common for couples to get a legal separation prior to a divorce, as a means of showing the courts that they worked in good faith to keep the marriage going. Legal separation vs divorce shows the courts that both parties have heeded legal advice and have taken time and consideration into their decision. This makes it more likely that the judge or court will grant the divorce request in a quick manner with little delay. If a couple is contentious and unwilling to work together during a legal separation, or even unwilling to enter into a legal separation prior to divorce, often the court will look negatively on this behaviour and step in to mandate the conditions of the divorce. This process can result in a much more detailed and lengthy court proceedings, increased legal costs, and obviously increased strain on all involved.
When considering a legal separation vs divorce, it is strongly recommended that you familiarize with the applicable law in your state of residence. Across the country laws vary widely, so a little knowledge on the laws governing your marriage will go a long way towards minimizing court costs, minimizing stress and confusion, and making an extremely difficult and trying time in your life as easy as possible.