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Things you need to Understand about Separation?

Aug 30th 2014 at 5:52 AM

Divorce can be a depressing experience for many but you can choose the middle way around to suppress the fire for a while. According to the divorce law, two terms are vital "separation" and "legal separation" and they have altogether different meanings in them. Known as an informal separation, it actually means that you have decided to live apart from your spouse without any legal intervention by the court. On the contrary, a legal separation happens only when court proceeds according to which the judge issues a legal order of separation. This very formal separation can legally change your marital status permanently.

 

Legal Separation Differs From Divorce Procedure

Divorce is the dead end of your marital bliss and it’s the time when your marriage ends mutually with your consent. But, a legal separation keeps your marriage on stand-still and thus keeps you and your spouse separate as you agree to live apart. A divorce and a legal separation are quite similar in case you ask court to legally divide your marital assets. Your court shall decide about your child’s custody issues, alimony and child support. The key difference is that divorce and legal separation keeps you and your spouse legally husband and wife during the entire separation period. This actually means that you are anyways entitled to certain benefits including social security.

 

Divorce is Supposed be a Separate Hearing

In case you go for divorce later, you’ll have to file for divorce petition and then go through the entire procedure that follows. Divorce procedure is supposed to be uncontested and in case you mutually agree on all the issues and contested in case you are unable to reach an agreement or issue without any proper help of court. Although you may be separated, you and your spouse are legally married until the last agreement is signed by the judge.

 

Legal Separation do Requires Residency

In order to file for a divorce, one must be a proper resident of that particular state in which your case shall be preceded. A petition for a legal separation has the same requirements as divorce. The court can’t really hear a legal separation case unless it has jurisdiction over the parties to the case. So either you or your spouse should be the resident of that state in which the legal procedure would take place. In case you both aren’t the resident of the state, the court has no proper jurisdiction over the case and thus can’t grant your separation in that case.

 

Sherilyn Jar is an expert writer having vast experience about the Law industry. Currently, she is writing on various topics related to Divorce like divorce law Singapore. For more information about divorce click here

 

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