Have you and your spouse been struggling for a while?
Research shows that 2.3 in 1000 marriages in the US end up in divorce. Happily, the vast majority of marriages never experience divorce.
But while a divorce isn’t something anybody wants to get into, it can sometimes be unavoidable. Some marriages are so broken they simply can’t be salvaged. Before the end of a marriage, couples must make what’s known as a separation.
But what is separation? Do you have to be separated before divorce? Is it grounds for the divorce to go through?
Read on for all the answers.
What Is a Legal Separation?
A separation before a divorce is a period in which a married couple decides to live apart from one another. This period can help the couple reflect on their relationship and decide if they want to continue with the marriage.
In some cases, couples may decide to reconcile during this time and continue their marriage. But in most cases, they end up pursuing a divorce.
A separation before a divorce can involve legal and practical considerations which the couple must work out. They might discuss where each party will reside, who will have custody of the children, and how they will handle financial obligations.
Pros and Cons of a Separation
The pros of separation include giving both parties time to consider the marriage. At the same time, they won’t have to worry about the stress and legal fees associated with going through a divorce.
By separating, couples may be able to come back together on their own or with the help of a couples’ counselor. They won’t have to make a final decision to end the marriage.
The cons of separation are the damage living apart can have on a marriage and the emotional toll on both parties as well as the children. It can also have the potential to change the financial status of one or two parties.
If a couple remains separated for too long without divorcing, then one of the parties may find that they are no longer legally married. The assets may be unequally divided.
Legal Responsibilities Before Initiating a Separation
You need to understand your legal responsibilities before initiating a separation. Consultation with a family lawyer is essential in understanding your legal rights. It can help you understand what you need to do for your family, your spouse, and the courts.
The first step is to become familiarized with any existing prenuptial, antenuptial, or marital agreements that may be in place. Gather all necessary information and documents. This includes bank and financial statements, to determine the marital assets and liabilities.
You should also know about child custody and spousal support statutes. This can inform you of your legal responsibilities towards your children during separation.
Of course, the most important consideration when initiating a separation is to have a safe and healthy environment for all. Negotiate a legal separation agreement if applicable.
Understanding your legal responsibilities can expedite the separation process. At the same time, it can maintain the integrity of your family unit and assets.
The Difference Between Separation and Divorce
So what is the difference between legal separation vs divorce?
Separation and divorce are both legal terms, but each term has a different meaning. When a couple decides to break up, they are legally separated from each other.
Separation is when two parties are living apart, but are not divorced. There are no specific requirements or rules for how long the couple needs to be apart before they can apply for a divorce.
Divorce, on the other hand, is the legal process of ending a marriage. It will initiate the division of assets, custody and support arrangements, and other legal matters.
One must file a lawsuit or sign and submit legal documents to start the divorce process. Couples must prove to the court that there are valid reasons for the divorce, which typically include marital discord. The court will then decide if a divorce is fair and legal.
In short, the main difference between separation and divorce is that in separation, the couple is still legally married. When a couple has gone through a divorce, their legal relationship has ended.
Ultimately, you need to understand the legalities and implications of a legal separation vs. divorce. This is what will help you ensure the best outcome for all parties involved.
Do You Have to Be Separated Before Divorce?
The answer to this question depends on the state you reside in. It will also depend on a state’s laws regarding how to file for divorce. And the processes for different types of divorces may differ.
In some states, the filing spouse can request a ‘no-fault’ divorce. This means that the couple agrees to the dissolution of the marriage. And they don’t need to list a specific reason for revocation of the marriage contract, thus making a separation unnecessary.
Other states may require legal separation before getting an official divorce. In those cases, the court must review and confirm that all issues have reached a resolution before granting a divorce. This includes issues such as child support and division of marital assets.
Being separated provides the best motive to file for divorce. This is especially because you won’t need to go through the hassle of having the other spouse served with the papers.
In the end, it’s important to look at the individual state laws and regulations. This will help you determine the most suitable action you should take.
Separation Before Divorce Is Not Always Necessary
Separating before a divorce is the best option for most couples. It allows them to assess the situation and come to an agreement before filing for legal proceedings.
However, the answer to “Do you have to be separated before divorce?” is no. It all depends on the couple and the state they are living in.
Just note that if separation and divorce are inevitable, you should consider consulting with a family lawyer. This is the best way to ensure smooth proceedings.
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