Deciding whether to get legal separation or divorce can be confusing. It is necessary to understand the difference between legal separation & divorce to know both the possibilities of legal & emotional effect it can make to you.
Understanding Difference between Legal Separation VS Divorce
Divorce & legal separation is similar in many ways. Both ways create a legally space between you & your spouse. A legal separation is an agreement given by court that defines the handling of assets when you decided to live separately from your spouse. You live separately. Your finances are separate while other marital assets, debts, child support are decided & ordered by court.
The important difference between legal separation & divorce is you can re-marry after getting divorce while in legal separation you cannot re-marry as you are already married with your spouse.
Why to Get Legal Separation Instead of Divorce?
Choosing between divorce & legal separation is only depends on a personal preferences & beliefs. Some people have religious thoughts & beliefs that will not allow them to divorce. In such case legal separation allow them to live independently their own lives without getting their spouse interference. A legal separation helps you to continue to your relationship to an extent while in divorce everything is just ended.
On the way of divorce a legal separation can be a stopping point. It gives you time to think about your relationship & other important issues (child custody & financial issues) while keeping the marriage intact. There is no way to come back after getting divorce while a legal separation is irreversible. A Legal separation can also be easier on your children knowing that their parents are just separated rather than divorce.
Separation before Divorce
In some states separation is required before getting divorce. A period of six months or one year has been given in which you live separately before you get the divorce. In some states legal separation is basic of divorce. When you create your legal agreement, you resolve all the issues, serve that period of time & then that legal agreement converts to divorce after that particular time.
How Do I get Separation?
There are various types of legal separation. Trial separation is a separation in which you live separate to see what to want, a divorce or not. Many couples do this when they are having marital problems. In this trial any one can be separate at any length of time without the need of court involvement. Legal Separation is another type of separation in which you need to get an agreement from the court to mention that you are separated. Not all states provide legal separation. If you are considering separation, consult to a lawyer. A Family law firms in Toronto will ensure you that your agreement will be legally bidding.
Legal Separation & divorce both options are useful when you are dealing with marital problems. Take your time to consider which options are more helpful for you. An experienced divorce lawyers Toronto can assists you to explain whether a legal separation is required or divorce.