Things you need to Know about Separation

Aug 4th 2014 at 3:13 AM

Deed of separation is logically a time when one deems to separate from their spouse for considerably long period of time before they actually jump to the conclusion that results in Divorce. If in case any party wishes to separate for a while without even trying too hard to file for divorce immediately, such a kind of agreement can then be informally tackled via mutual consent in the latest form of a Deed of Separation. But before you jump to any further conclusion, it’s important to understand that in family law, the words, “legal separation” and “separation” have two different meanings all together.


When it comes to an informal separation, all it means that you and your spouse have decided it all to live apart without any legal intervention by the court. A legal separation in other case occurs only when court proceed with the legal judgment issues in order to successfully grant the separation all the legal ways. This very formal separation setting can legally change the way your marital status is. So before you proceed further, it’s important to ensure that you hire the best in business, top law firms Singapore to supervise you with the right legal procedure.

Divorce Differs from Legal Separation

A divorce is meant to end-up your marital relationship without losing your temper and keeping your spirits high flying. But, an alleged legal separation can leave your marriage intact if both the parties agree to stay apart. A divorce and a legal separation are similar in one case if you and your spouse do ask court to mutually divide all your marital assets for a while. The court may even deicide all your issues and may even decide on child custody issues, child support and alimony. The key difference between the two is normally what it possesses as you and your spouse are still legally married even during the phase of separation. This actually means that you are still entitled to various benefits, which also includes social security.

Divorce do requires a separate Hearing as Well

In case your spouse decides to seek divorce, one needs to file a petition and then needs to go through the entire divorce process. The divorce shall go uncontested in case you mutually agree on various issues if you are unable to reach on a final agreement without any official help. Although separated you maybe, you and your spouse are actually legally married until the entire divorce process is signed by the court.

Legal Separation Requires Residency

To file for a divorce, you must be a resident of the state in which your case will be heard. A petition for a legal separation has this same requirement. The court cannot hear a legal separation case unless it has jurisdiction over the parties to the case. Either you or your spouse must be a resident of the state in which the legal separation hearing will occur. If you neither of you are a resident of the state, the court has no jurisdiction over the case and cannot grant a legal separation.

Legally Separated Affects Tax Filing Status

The Internal Revenue Service establishes the rules for federal tax filing status. Your tax filing status is determined by your marital status on the last day of the calendar year. If you were legally separated on December 31, you are considered single for tax filing purposes and both you and your spouse must file your taxes as single persons.

A Family Law Lawyer Can Help

The law surrounding legal separation is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a family law lawyer.


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Shaneka Buttler is an expert writer having vast experience about the Law industry. Currently, she is writing on various topics related to family law and corporate law like Business Lawyer Singapore, legal advice in Singapore.


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