Separation and Divorce – Legal Separation Verses Divorce

For some people, the thought getting divorced is much too stressful on the family, so they choose not to jump into it right away. It is not uncommon for couples to remain separated for many years by choice. Legal separation is chosen over divorce for religious reasons, to maintain health coverage for a spouse, or to qualify for the Social Security death benefit.

Every state in the union have different laws which are unique to their state regarding legal separation and divorce. There is still quite a bit of confusion about separation vs. divorce. If you are separating or divorcing, are you wondering which way to go? Here are some of the key facts that differentiate separation and divorce.

Getting legally separated can be an alternative to annulment or divorce because it satisfies all of the legal aspects of a divorce without dissolving the marriage. These include child support, property division and spousal maintenance. However, while legally separated, they can still be eligible for family health insurance, pensions, Social Security and military benefits.
For individuals who want to remarry, separation will not work. Since the parties are still legally married, neither of them will be allowed to remarry.
Legal separation is not a simpler option than divorce, since it requires all the same decisions to be made about custody, child support and division of property. However, it is a lot faster to executive than a divorce because there is no 90-day statutory waiting period with a separation.
When considering legal separation vs. divorce, remember that the same terms used in your separation agreement can be transferred over to a divorce decree. The only requirement is a six month waiting period between the time of the separation and the issuance of a divorce decree.

If you are seeking a divorce or legal separation a Family Law/Divorce Attorney can help you draw up the documents required for a legal separation or divorce to ensure that all laws are being adhered to.

- Matthew Clawson is an attorney at Clawson & Clawson, LLP. He strives to deliver first-rate legal services quickly, efficiently, and aggressively in Personal Injury Law, Family Law and Criminal Law. He is dedicated to the philosophy that the most effective and cost-efficient legal services are provided by attorneys who maintain their integrity and communicate honestly with clients.

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The Difference Between Divorce and Legal Separation

There are many options for a couple that doesn’t want to stay together. There is divorce for the ones, who need to put an end to their marriage. Couples can also go for annulment that would invalidate their marriage as an incident that never happened.

Then there is legal separation, which is a better option for a couple having kids. While the alimony calculation, child support etc remains the same in case of both divorce and legal separation, there are few distinction between divorce and legal separation procedures. Here are some of the basic differences:

Termination of marriage in divorce

While divorce can effectively terminate the marriage, legal separation only terminates the relationship between the couple without affecting their legal marital status. The couple is still married in the eyes of law. Separated couple can live separately, but that does not put an end to their marriage.

Couples who want to give their marriage a second chance by taking a break from each other or those to whom their kids’ emotional stability is very important often resorts to separation rather than divorce. This ultimately also eliminates the option of remarriage for both the husband and the wife.

Reasons for separation and divorce

There are many reasons because of which a couple may opt for separation. For some, their religion doesn’t allow them to divorce their spouses, in which case separation becomes their only option. In some cases, the spouses look at the benefits of legal separation like social and medical security.

After divorce these benefits get divided, but both partners can still share the benefits just as they used to when they were married. Sometimes, kids are at the center of the couples’ decisions. It may be less traumatic for kids, if their parents opt for a separation in place of a divorce. A divorce can prove to be very devastating for kids.

The Differences

There are some major differences in the way divorce and legal separation is filed. In general, the legal procedures for finalizing a divorce take longer than a separation. The documents involved in divorce and legal separation also differ. Should you have any doubts, you can always contact a divorce lawyer for further details.

A legal separation can lead to divorce

If a separation doesn’t work for a couple even after having put efforts, it is advisable that they get divorced but this doesn’t hold good the other way around. That is, if the couple has already got divorced, there is no way for them to go back and file for a separation. If the couple have reached the cul-de-sac in their marriage and have no hopes of reviving it whatsoever, divorce is the way to go.

Trial before divorce

Legal separation is like a trial period for the couple. It might not always lead to divorce. Some couples may realize that they can stay together and that divorce is not their only option. Legal separation could be the time for both the spouses to think over again and give their marriage a second chance.

If all works well, they may remain a happy family. The choice between a separation and divorce is in the hands of the couple. There are pros and cons to both but resorting to divorce without giving the relationship a second chance might not be the best thing couples do.

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Divorce: Divorce and Legal Separation

In the United States, there are statistics that indicate that half of all marriages will end up in a divorce or legal separation. Often people do not differentiate between divorce and legal separation. Both divorce and legal separation refer to the situation when a couple decides not to live together anymore. But being separated is much different than being divorced.

What does legal separation mean? Legal separation generally refers to a court order which acknowledges that a couple is no longer living together and that all the issues regarding the marriage have been resolved. A legal separation generally means that both parties reached an agreement concerning child custody, child visitation, child support, spousal support or alimony, distribution of property, attorney fees, and personal conduct.
However, in a legal separation both parties remain married to each other. Indeed spouses who are just legally separated are not allowed to marry another person.

Divorce, also known as a decree of dissolution of marriage, is also a court order but it is for the purpose to dissolve or terminate a marriage. Both parties are allowed to marry another person following a divorce since they have returned to an unmarried status. An annulment differs from a divorce on the ground that this process is meant at simply canceling a marriage.

What are the benefits of a legal separation? Legal separation often takes place when both parties prefer to stay married for religious reasons. That’s why legal separation is often coined catholic legal separation since it preserves the religious marriage. Legal separation is not only pursued for religious reasons, but also for tax reasons. Unlike a divorce, the non-custodial parent may be able to deduct from his/her income taxes spousal support payments. Some also prefer not to wait for the state statutory waiting period for termination of marital status. That’s one of the reasons why a legal separation is often pursued to set the parameters for dealing with one another while living separate and apart while keeping the married status, and leaving an opportunity for a reunion or resumption of marriage. However being legally separated is not a requirement before filing a divorce. In other words, a legal separation is not a prerequisite of the dissolution of a marriage or divorce.

If you are considering a legal separation, divorce, or dissolution of marriage you would be wise to consult an attorney who can inform you legally about your particular divorce or legal separation matter.

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Legal Separation Vs Divorce – Understanding How to Choose

Happily ever after is not always the case when it comes to being married. Often times married couples have a hard time and need to have a break from each other for one reason or the other. It is amazing how many marriages actually end in divorce. However, before you make the decision to get a divorce it is important to know all the facts and options before making a choice. You need to look at legal separation vs divorce when choosing the right one to fit your needs. First let us look at and distinguish the differences.

Legal separation is similar to a legal divorce however there are notable differences that need to be taken into account. A legal separation does not permanently dissolve a marriage, it is something that can be temporary if so desired. There are some couples that just need time apart from one another and living separately is the answer.

A legal separation occurs when the two parties are living separately and it has been filed through the court system. Do not mistake a legal separation for a separation. A separation is not filed with the courts and does not carry the same provisions as a legal separation. Much like a divorce, a couples assets, property and child custody are addressed via a legal separation agreement which is filed with the courts. A separation does not provide provisions and is based solely on verbal agreements. Living separately is mainly used to determine if separating is really what a couple wants to do. There is not paperwork or filing with the courts in the case of a separation.

A legal separation is mainly different from a divorce in the fact that the couple is still legally married. There are benefits to living separately instead of immediately filing for a divorce. A divorce terminates the marriage and any and all joint interest the couple may share. A living separately does not terminate the interest however it does divide the interest. Another benefit of a living separately is the couple can still take advantage of the tax advantages of being married, they can also continue with joint insurance coverage.

Once legally separated can be canceled at any time and the marriage returned to its original status. If a couple automatically proceeds with a divorce when there is a chance for reconciliation, the couple would have to get re-married. If there is any possibility of a reconciliation a legal separation is the way to go. It gives you the time to decide if being separated permanently is what you really want.

The statistics show that 50% of first time marriages end in divorce, especially for individuals under the age of 40. This may not be surprising to many of you because it is a sad but true fact. It seems to be a quick fix for many troubled marriages. Maybe if more people know there were other alternatives to divorce, no so many divorces would be happening. There are times when all a troubled marriage needs is a little time and reflection for both parties to see that they truly were meant to be together.

Whether you choose to have a divorce or get legally separated, it is highly recommended that you obtain legal counsel. Both a legal separation and divorce require filings to be made in the courts. A divorce also requires a reason for the divorce whereas a legal separation does not require any reasoning. Do not take for granted the different options afforded to you, sometimes making decisions quickly and while in an irritated or frustrated state is rash. Divorce and separation are not games, they are serious matters and need to be viewed as such.

Divorce is not something anyone wants to experience but there are times when the only alternative to a bad marriage is divorce. Whether you decide to have a full blown divorce or give a legal separation a try, it is important to find out all the details and facts before making a decision. Each state and country have different rules and prerequisites that apply for both legal separations and divorce. This is one of the most important decisions you will make; therefore, make it wisely.

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Assistive Technology An Independent Life For Everyone

Not depending on others is very important for every human being. As technology progresses everyday and the development includes specially designed devices and equipment, everyone can now enjoy an independent life style. Even people with disabilities can have a better life, avoiding frustration or incapacity to communicate. Assistive technology is for a great help for those who need to feel secure when they are by themselves, even if they have certain disabilities. Our assistive technology products meet their needs and offer an alternative for a better life. Communication for example, is one of the biggest problems for people with disabilities, but our assistive technology products make it easier. Even if your problem is about hearing, seeing or moving around, the solutions we offer can solve any type of problem related to physical challenges.

We also offer you a great variety of products as furniture, software, workstations or switches, specially created for an independent living. You can enjoy assistive technology products in your own house and anywhere you go, avoiding frustrations and difficulties you were exposed to before. Assistive technology is even for people who suffer from Parkinson, Lou Getring’s Disease aka Amyotrophic Lateral Sclerosis, or Multiple Sclerosis. All the products we recommend are easy to use, the technology being adapted to every special need. Now, deaf-blind people will be able to communicate between themselves or with other people because assistive technology makes it possible.

If you want to make your children’s life easier, now you can do it with the help of special communication software or CDs that contains all kinds of information about social activities. Eating out, shopping, transportation are some of the social activities children need to learn about before they go out. This and some other assistive technology products can help your children have a better, independent life, even if they have some disabilities. It’s important to mention that these teaching products are not only for children, but also for people who have found themselves, all of a sudden, in the undesirable situation of an accident that has affected their health.

Our furniture is designed for people who need better access in the kitchen, bathroom or in the bedroom and for those who need special workstations in their homes or offices. You don’t have to feel uncomfortable at your desk anymore, because now you have the perfect solution, easily accessible through an online order.

In one word, assistive technology is for those who want to raise the standard of living, for those who need to increase the quality of life because an independent living is now possible through technology. This is why our products come to meet your special needs, helping you achieve what you want.

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