There are many differences between a legal separation and a divorce. If you are going through one of these difficult processes, it is important that you know the various features that they have that make them different. If you do not currently know the difference, it is important that you take the time to educate yourself. By doing this, you can save yourself a great deal of legal hassle. While this is difficult, it is important that you know your rights at all times to protect yourself. What follows should help you to understand the basics of being legally separated.
Divorce is the legal end of a marriage. Separation stops short of this. A couple that is legally separated is still married, but lives separate lives. This separation involves many different things. It includes who gains custody of any children, and whether it is joint custody or not. Additionally, a legal separation will decide other issues such as child support. However, not all separation issues relate to children. Many of the issues decided in a separation agreement are financial as well. Exactly how financial assets are divided up is a thing that is often settled in a separation agreement in court.
A separation agreement can be changed by many things. However, generally speaking, a legal separation agreement will influence further decisions, such as how your interests are handled during a divorce. Though you might feel that a separation agreement is less permanent than a divorce, it is important that you protect your rights carefully, as a successful separation will be likely to influence the results of a divorce. If you accept a separation agreement that is less than favorable to you, you may have trouble changing the terms of it during your divorce hearing.
As you can see, separation agreements are very important, even if they can technically be altered later during a divorce hearing. Additionally, the benefits of separation are numerous. A separation will allow you time to decide if a divorce is the right choice, and evidence to see if it is what you want and need.
Additionally, because unlike divorce, separation does not end a marriage, you and your spouse will still be able to share benefits such as health insurance through a separation, unlike a divorce. However, a separation agreement can still transition efficiently into a divorce, should you decide that one is necessary for you.
(See separation form info here)