Legal Divorce Vs. Legal Separation
You have three legal options available to you if you experience marital problems. You can seek a divorce, a legal separation or annulment. Of these three possibilities, divorce and legal separation are more frequently sought than an annulment. There are some similarities as well as differences between a divorce and a legal separation.
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Divorce Function
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The function of a divorce is to resolve all issues arising out of the marital relationship, including division of assets and debts as well as child custody, parenting time and support. The marriage itself is terminated.
Legal Separation Function
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The function of a legal separation is to deal with precisely the same issues that are addressed in a divorce case. However, the marriage itself is not terminated.
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Considerations
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Legal separation provides you the ability to legally part from your spouse without the need for terminating the marriage. Legal separation allows the ability to spend additional time considering where your relationship is headed.
Misconceptions
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A common misconception is that in the United States you need to obtain a legal separation before a divorce. While this is a requirement in some countries, it is not the case in the United States.
Warning
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Both divorce and legal separation are complicated legal proceedings. Your interests are best served by retaining legal counsel to represent you in either type of case.
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- Photo Credit Image by Flickr.com, courtesy of Jeff Belmonte
