Legal separation and divorce are not one in the same. Despite the differences, there are some similarities.
A legal separation is a court order that outlines the duties and rights of the couple, allowing them to avoid the divorce process.
Even though legal separation is not as common as divorce, it is something that many people consider. One of the primary benefits is the ability to get back together, without having to be remarried, if both people decide that this would be in their best interest.
During the proceedings for legal separation, the court decides on a variety of details, such as:
— Separation maintenance. This can include both child support and alimony, if necessary.– Child visitation.– Child custody.– The division of property.
These details differ from one situation to the next. For example, one couple may have several children that need to be accounted for. This includes deciding which parent will pay support and which one will have custody.
Property division during legal separation can also be complex, as the court needs to take many details into consideration. A common issue is that both people may want to remain in the home.
There are benefits of legal separation as compared to divorce. Anybody who is considering this should understand the pros and cons, as well as what will happen when they go to court.
Just because a legal separation falls short of a divorce doesn’t mean it will not impact your life. This is why you should have a clear idea of what to expect at every turn of the road.
Source: FindLaw, “Legal Separation vs. Divorce,” accessed Oct. 26, 2015