Are Divorce And Separation Different?

If you are ending a marriage, it's normal to have a lot of questions. You may have no idea how to move forward, especially if you are still uncertain if the separation is going to last.

So, what is the difference between divorce and separation? How do the two differ, and when should you consider each option? Here's what you need to know.

Each State Is Different

The first thing you need to know about divorce and separation is that each state is different. In some states, there is no legal division between divorce and separation. In other states, separation is required.

In Some States, Separation Is Probationary

Your state may require that you and your spouse be separated for a specific period of time legally before you can obtain a divorce. You need to know your state's laws before you pursue a divorce in court.

You May Receive (or Pay) Support and Maintenance

In some areas, you may receive or pay child support or spousal maintenance whether you are legally separated or divorced. If you are separated but do not receive the support you believe you are entitled to, you should speak with an attorney to initiate the process.

You May Have to Live Separately

In order to be legally separated, you may be required to live apart from your spouse. For example, you may be required to live separately for a year before you can file for divorce in some states.

Separation May Align With Your Religious Beliefs

In some situations, people choose to separate because their personal or religious beliefs do not align with divorce. Separation allows them to remain married without being forced to maintain their marriage. You cannot marry somebody else while you are separated.

Divorce Allows You to Remarry

If you want to completely sever the legal connection to your spouse, divorce allows you to move forward with your life. Divorce allows you to remarry somebody else, and it is the only legal way to completely dissolve your marriage if you are not able to have an annulment. It is final, unlike separation.

Divorce Lawyers Can Help You

A divorce lawyer can help you determine if separation or divorce is right for you. Each case is different, and you need an analytical eye to assess your case and determine what options you have at your disposal. Make an appointment with a professional today to learn more about your options.

For more information, contact a divorce law service in your area.