Legal separation and Divorce, where you stand

Legal separation and Divorce, where you stand

It is often unclear when to separate and when to apply for a divorce.  How do you know when to end your relationship in a divorce?

As many people choose to stay in a relationship and they don’t necessarily want to end their marriage then they can apply for legal separation.  A separation needs to follow legal steps in order for it to qualify as separation; consulting a lawyer will provide you with relevant information.

Divorce refers to a process where two people choose not to stay married; legal procedures are taken by an attorney to end the marriage.

Experts will comment that for two parties to be legally separated is similar to being divorced in terms of the work load.  Factors such as children, distributing possessions including assets and debts are part of legal separation.  As the parties remain married they are no longer accountable for each other.

The point of a divorce is to end a marriage; depending on how the couple was married will determine how the liabilities and assets will be split.  Most couples get married in community of property which means that they are entitled to share assets and liabilities equally when they’re married which means that when they file for a divorce the same applies.

As people live together for a certain period of time they accrue belongings.  When they decide to divorce it is essential to divide the belongings. Even property, bank accounts, stocks, bonds are considered to belong to both parties.  This depends largely on the arrangement when the marriage took place. A divorce lawyer will be able to examine each divorce and make recommendations accordingly.

Generally applying for legal separation follows a similar procedure as filing for a divorce. Time and money are pulled into both legal procedures as divorce lawyers, attorneys and courts are essential to legalise a separation or divorce.

The main difference is that a legal separation means you are still married to each other but you are not obligated to look after or support the other party, generally one of the parties’ moves out of the house and lives somewhere else.  This often depends on each case and what arrangements have been made.  When a couple decides to get a divorce then they end the marriage and property is divided accordingly.

As divorce law varies throughout the world it is advisable to seek expert help and choose a family law attorney that can support your requirements.