Lots of people want to know how divorce and legal separation are different. If a married couple wants to end their marriage but continue living as cohabitants, they can seek a legal separation, also known as a decree of separate maintenance. The spouses in a legal separation remain legally married, but they are no longer living together. The court issues an order outlining the rights and responsibilities of each spouse. When it comes to divorce and legal separation, state laws might be rather different.
When one spouse is hesitant to divorce or when both partners wish to safeguard their interests before making a final decision, some couples choose legal separation instead. Some married couples choose to divorce for moral or practical reasons, such as the capacity to better provide for their children (such as obtaining benefits or reducing debt liability while trying time apart.) Whatever the motivation, if a couple decides to pursue a formal separation, they will have to deal with many of the same issues that are resolved during a divorce.
It is advisable to consult with an experienced Lawyer near me if you need specific answers about your legal options.
Issues of child custody, visitation, and support
Legal separation arrangements on child custody, visitation, and maintenance are nearly identical to divorce agreements in many respects. Both legal custody (the right and obligation to make decisions concerning a kid’s upbringing) and physical custody (the right to have a child live with one’s parent) must be decided by a divorcing spouse. Legal and/or physical custody might be awarded solely to one parent or shared between both parents.
Assistance for the spouse
During a formal separation, spousal support may also be an issue. The income, earning capacity, education, age, and emotional condition of both spouses are only some of the factors that a court must consider when deciding whether to award spousal support after a legal separation.
Assets and liabilities
For couples going through legal separation, figuring out how to divide up their assets is an important step that can make the divorce process smoother later on. Each spouse keeps their own distinct property (that is, the property they owned prior to marriage or that they received as a gift or inheritance), and the rest of the assets are divided in accordance with state law and the parties agreements.