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what are the differences between a legal seperation and divorce????
4 Answers
- 9 years agoFavorite Answer
Sometimes divorce takes a while... legal separation is just to protect both parties from each other. I could be wrong, may want to google it, but I think it helps separate your assets and debts that way one party can not rack it up the debt and stick the other spouse with it in the divorce.
I know with mine, you have to be 'legally separated' for 30 days before you can have a hearing for divorce/dissolution.
It is pretty much just a technicality. 31 days after my separation agreement was filed, we saw the judge and got the divorce granted.
- Gary BLv 79 years ago
a legal separation is not permanent, and can be cancelled at any time.
There are many (most?) cases where if the couple would just agree ot separate for a few weeks or months, and work on their problems, that the marriage could be saved. This is the intent of legal separation.
Still, bills need to be paid, mortgages need to be paid, children need to be fed, and so on. SO, a LEgal Separation addresses these issues. It should cover who gets to use what items at what times. Like, he gets to drive the Ferrari, but she gets the Minivan. HE agrees to make the payments on the Ferrari, and to hold her blameless if he defaults, while she does the same for the Minivan.
They agree to place money into a fund so that the mortgage, rent, electricity, water, sewer, cable TV and other bills get properly paid.
They both agree that NOTHING can be sold, rented, or giving away without the others permission. No, he CAN NOT sell the Ferrari and buy a VW Beetle -- not without her permission.
Temporary Child Support payments are set up, as are temporary visitation rules.
If your lawyer is smart, he will ALSO stipulate that BOTH parties must attend MArital Counseling, AND the records of those sessions must be made available to the court if the divorce proceeds.
This is ESPECIALLY important in cases of Abuse. The woman will often specify that the man CANNOT reenter the house unless he has attended a sufficient number of counseling sessions AND the therapist believes that direct contact is OK
And, many Legal Separations also stipulate that if EITHER party violates this agreement, the divorce will proceed.
Still, at ANY time the LEgal Separation can be declared void, but only if BOTH parties agree, and the divorce is called off.
If the divorces continue, the judge will often use the LEgal Separation as a basis for the property settlements, child support payments, and visitation rules, but will often bring them more up-to-date with state and local regulations.
The final divorce papers, when signed by all parties, and signed by the judge and stamped by the court, is FINAL. This couple is no longer married, with all the so-called "benefits" that come with it, like living at a lower level (maybe poverty), fights over properties, not getting child support payments, and so on.
- Arthur WLv 79 years ago
Basically a seperation is that youre still legally married but only living apart whereas a Divorce is a legally termination of the marriage and binds you no more to your spouse. So as in your first answer, a seperation is like a trial divorce to see if a divorce is the best solution here to your marital challenges
Source(s): Florida Paralegal with a BS degree in Social-Psychology - Anonymous9 years ago
Legal Separation = Practice Divorce