UNDERSTANDING LEGAL SEPARATION AND DIVORCE

When things are not going well in a marriage, knowing which way to go can be hard. Some people choose to separate from their partner, while others opt for divorce. Marriages can be confusing and full of ups and downs, so it is understandable that couples might want to consider other options for their future, like separation or divorce.

It is important to know the differences between the two to make an informed decision. A divorce attorney in Brooklyn can walk you through your options. Legal separation and divorce are two different things, but they both have the same goal – to help couples get away from each other.

So, if you are looking for a way out of an unhappy marriage, one of these two options may work for you. Deciding if you want to split legally or get a divorce is not always the easiest thing to do, so knowing what is right and wrong can be hard.

But if you know the difference between the two, it can help you make the right decision for yourself. Here are some useful tips on each of these options.

What does it mean to separate from your spouse?

Separating from your marriage is when you both decide that you want to start living apart while trying to work things out or get a divorce. Most people separate physically, with each person having a different physical address, but it does not have to be that way. In some cases, a couple may still live together in the same house for financial reasons or custody.

In these cases, the couple may choose to live apart as roommates rather than as a couple. You can separate in one of two ways: an informal separation, which does not involve the courts, or a formal separation when the courts approve the separation and can affect your marital assets and taxes.

Either way, you stay legally married and cannot remarry until you get a divorce.

Is there any need for a separation agreement?

When you are splitting up without the court’s approval, it is important to make a separation agreement. It is like a contract between the two of you about what will happen. You want it to state when the separation happened so you know if the assets you accumulated will become marital property.

It will also tell you who is paying the bills and how much they will be paid. It is up to you to decide if you will use your own money for the bills. The agreement should also list bank accounts and cards so you know which ones you will be sharing. The custody section is the most important part of the agreement.

It will tell you who the minor children will live with and what kind of schedule they will follow. It will also decide if legal custody will stay shared and what kind of child support you will get. A divorce attorney in Brooklyn can help you draft a separation agreement that meets your needs.

Are there different separation options?

There are three kinds of separations – trial, permanent, and legal. In a trial separation, the goal is to help the couple work things out. If they cannot, they usually end up filing for divorce. During a trial separation, assets and debts are treated as if they were still married.

In a permanent separation, the assets and debts stay within the marriage if the couple cannot come together. A legal separation is when the courts approve the separation, and the judge administers the process like the divorce process. The judge oversees the disbursement of assets and debts and makes decisions about custody and support.

In some states, the judge limits how long the separation can last, while in others, it can last for an indefinite amount of time. If you are considering separation, a divorce attorney in Brooklyn will let you know the best separation option for you.

What is a divorce?

A divorce is when a court decides that a marriage is invalid so both parties can move on with their lives. The court can decide how much money each spouse will get and what kind of support they will get. If there are kids involved, the court can decide who gets custody and how much money they will get.

It is important to remember that not all states have the same rules when it comes to divorce. Some states let you get a divorce order and then work out the other stuff later, while others require everything to be sorted out before you can get a divorce.

Is separation the same as divorce?

Most of the time, when a marriage ends, it ends with a divorce. A divorce is different from a separation because it is permanent. That means both of you can marry someone else. But, depending on where you live and how long your marriage was, a divorce can also mean the end of things like shared insurance, property, and debts.

Ultimately, deciding whether you want a divorce or a legal separation is up to you. Anyone could be the right choice for you, but it could also be the wrong choice for you. A divorce attorney in Brooklyn can help you assess your situation.

Why do some couples prefer separation?

When it comes down to making a choice, it is all about personal preference. Some people do not want to get divorced because of their religion or beliefs, so they stay married and live totally separate lives. A legal separation keeps your relationship alive, so you are still connected.

You can still get Social Security benefits and pensions if you get a legal separation. It is like a roadblock on the way to divorce, helping you sort out the important stuff like kids, custody, and finances while keeping your marriage together and deciding what is best for you.

It is also reversible, as you can get back with your spouse again. And it might be better for your kids because you are still together, and it does seem as bad as getting a divorce.

Why legal separation may be a bad idea?

It is important to remember that legal separations are a serious process and should not be rushed. They are not as extreme as divorce, but they can still be pricey and complicated and create more issues between couples. Also, they come with obligations that can be hard to undo. Some people think that you should settle your differences or just get a divorce.

But legal separation means you are legally separated, but you are still married. That leaves you in a tricky spot. For instance, you cannot remarry as you would with a divorce, and if you end up getting divorced later, you will have to pay more for court costs and legal fees.

Talking with a divorce attorney in Brooklyn will help you consider these things and more before making a choice.

NOTE: If you are getting divorced in some states, you will need to go through a separation for certain reasons. Usually, you will have to wait six months or a year to get a divorce, and then you will have to live apart for that time.

But if you are in another state, you can still get a divorce based on a legal separation. All you must do is come up with a separation agreement, stick to it for a while, and then it will turn into a divorce decree.

Difference between legal separation and a divorce

If you want to break up your marriage, a legal separation may be the way to go. It is easier to get back together than a divorce, and you cannot marry someone else like you would if you were divorced. There are some key differences between a divorce and legal separation.

For example, when you are separated, you retain your rights to make medical and financial decisions, but when you are divorced, you do not have those same rights. If you and your partner decide to live apart, you will still be covered by your insurance policies.

You can file your taxes together or separately during legal separation, depending on what is happening. If you get divorced, you will both be single taxpayers. For legally separated couples, you are still related to each other in terms of medical and legal matters, so you can still make decisions together.

However, you lose these rights and connections when you file for divorce. Legal separation will determine which debts stay with you and which go to each of you, plus any debts that arise during the separation. The divorce will determine which debts belong to each of you and how you divide up your money.

Most of the time, legal separation does not affect marital property. But in divorce, you will usually have to divide up the property.

Get Help!

Issues in marriages are not easy to manage. But knowing what works for you when the marriage is not working is very important. You do not want to make a decision that you will regret your entire life. The sure way to make the most out of the messy situation in your marriage is to talk with a divorce attorney in Brooklyn.

You can find an experienced one at Gehi and Associates. At Gehi and Associates, we know how emotional and traumatic your situation may be. That is why we put in the work to guide you to make the right decision that will lessen your trauma and make you smile at the end of your case.

Your situation is not hopeless. Get in touch with us now, and let us give your case the Midas touch!

FAQs

Legal separation or divorce, which is better?

Legal separation is the best option if the couple is looking at chances of reuniting. But if one or both wish to remarry someone else, then divorce is better.

What can I do during separation?

Make sure you know what the laws are like in your state when it comes to legal separation. Or better still, talk with a divorce attorney. If you are separated, you may not want to get back together for a night because it could affect your rights to your spouse’s property, which you thought you were separated from. Getting back together, even for one night, can set the clock back on a separation period.

Can I get a legal separation in any state?

Yes, all states in the US recognize legal separation except Florida, Delaware, Georgia, Mississippi, Pennsylvania, and Texas.

Can I remarry immediately after a divorce?

No. None of the parties to the marriage can remarry until there is a ‘Decree Absolute.’

How long can you separate from your spouse?

The length of time couples can stay apart can be as much or as little as they want. If either spouse wants to marry someone else or file for divorce, then the time they have been apart is over. However, they will still be legally married during that time.