When a marriage hits rock-bottom, the spouses can either spend some time away from each other or call it quits. This is where ‘separation’ and ‘divorce’ come in.
Despite being different options, certain issues are common to both, such as:
· Child support
· Child custody
· Alimony (spousal support)
· Division of debt
· Division of marital property
Different kinds of separation agreements exist. This is an important aspect to consider when you are contemplating divorce vs. separation.
Legal Separation
In certain states, couples may directly apply to a court for arranging a legal separation. The first step involves filing a written petition in the court, which is also known as a complaint.
From this point onwards, the process closely resembles a divorce proceeding. The couple must reconcile on issues concerning their marriage or request the judge to intervene.
One common type of separation is when the spouses agree to live apart on their own. They may reach agreements themselves without court intervention, which is why this method is widespread. An attorney may be of great help in such matters.
Divorce
Filing for divorce might be your best option if you feel that you cannot reach a settlement with your spouse and reconciliation is impossible.
However, couples can often reconcile certain differences even when the divorce process is in progress. A judge may even encourage such couples to resolve their differences outside of court.
Importance of Agreement
One major problem that transpires when an agreement is not in place is that legal proceedings become very slow. A contested divorce may take a year to reach its conclusion or even more. Not only will you have to pay more legal fees, but the negative impact on you and your children will be worse.
Hence, in most cases, it is best to reach an agreement before filing for a divorce. With an agreement in place, you can apply for a divorce in court. You can show the terms of the agreement to the judge who may then incorporate them into the final divorce ruling.
Separation or Divorce?
The choice of a separation or a divorce can also lead to certain financial consequences. For instance, if a couple decides to separate for ten or more years without getting a divorce, then one spouse may be allowed to get social security benefits from the other spouse. It can have an impact on several matters like how the property will be divided (including the property valuation), filing the joint tax return, being able to continue with the other spouse’s health insurance plan, and more.
Since divorce laws vary between states and are liable to change, you should get in contact with an experienced and trustworthy attorney to decide between divorce and separation.
Contact us today.