If you and your spouse are having marital problems, then you may be considering a legal separation. But, did you know that a separation is actually much different than a divorce? While both separations and divorces are ways for married couples to distance themselves from one another, they are drastically different in the eyes of the law.
Read on to learn more about the differences between a separation and a divorce:
When a couple decides to live apart to fully contemplate divorce, they are said to be "separated" from one another. However, this type of separation is usually not legally recognized or enforced; instead, it is up to the couple to determine the specifics of the arrangement between them, such as child custody and marital debt payment. If you are thinking about separating from your spouse, then be sure to keep in mind the fact that there is no legal way to enforce the commitments made between the two of you.
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The biggest difference between a separation and a divorce is that a divorce legally dissolves one's marriage. During the divorce proceedings, the court must decide how to handle the questions of child custody, child support, visitation rights, and how best to divide the assets and debts accumulated during the marriage. While state laws presume each party is entitled to one half of marital property and debts, an experienced divorce attorney may be able to get you more if you feel entitled.
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Posted in Law Post Date 08/07/2015