When a married couple decides that they no longer want to be married, they can either pursue a divorce or legal separation. Both options can result in time apart from each other, but divorce and legal separation are very different. Here are several things you should understand about what legal separation is and what it is not.
What it is
Legal separation is a legal action that you can use to separate from your spouse in a way that is recognized by the law. When you legally separate, it is like you are divorced, only you really are not divorced, yet it offers a way to create an agreement for both of you to stick with and follow while you are not together. Some couples that legally separate will live in separate homes, while others will stay under the same roof. Legal separation gives you protection over your finances and assets, and it offers a way to create an arrangement for how you will handle the kids, finances, and other important issues.
What it is not
When you seek legal separation, it does not mean that you are divorced. While it could potentially lead to divorce, it would require seeking a divorce. In other words, a legal separation does not automatically mean that you are getting divorced. Legal separation, therefore, is not divorce. If you are legally separated, you cannot file separate tax returns, as you are still married. Legal separation is also not the same thing as annulment. It is important to understand what it is and what it is not before using it. It is also important to know that you do not have to seek legal separation if you want to get divorced. If you are certain that you want a divorce, you can go straight to filing divorce papers.
The benefits of getting legally separated prior to divorce
One key benefit of legal separation before divorce is that it offers time for you to live apart and decide if this is really what you want, and during this time you will have an agreement that controls how things are managed. Secondly, there is a waiting period after filing for divorce that you must go through before you get officially divorced. Going through legal separation satisfies this time requirement for you.
If you have any questions about legal separation or divorce, you can find answers by talking to a family lawyer of your choice.
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