Legal Separation Vs Divorce

When you and your spouse are having marital difficulties, whether it is infidelity, domestic abuse, or simply irreconcilable difference, you may be considering your options regarding the next steps to take. When marital counseling has not yielded desired results between you and your partner, you may think that divorce is the only course of action you can take. However, you do have another option: legal separation. In any case, having marital troubles can be an especially trying time in one’s life so it is imperative to have support from your friends and family in making these difficult decisions.

Legal Separation

“Separation” means that you and your spouse will live apart. You do not need to formally file court papers in order to do so. If you decide this is the course of action that you and your spouse want to take, you will need to work out arrangements for care of the children (including custody and expenses) as well as other fiscal responsibilities. This can be done with the help of a mediator or arbitrator. If an agreement is not possible, you will need to consult an attorney to discuss your rights.

To get a legal separation, you must file a petition in your Superior or Family Division Court. It is a distinct legal product rather than being a first step to getting a divorce.

How Legal Separation is Different From Divorce

Separation and divorce are very similar. In both cases, you will determine custody and visitation for your children, and, if appropriate, alimony orders. All of your family assets and debts will be permanently divided, as well. The main difference between the two is that in a legal separation, you are still technically married. Because of this, the wife may not resume her maiden name.

Why Separate Rather Than Divorce?

For couples where divorce is simply not an option (because of religious reasons or moral values), legal separation provides similar results. If you are considering divorce or legal separation, or think that your spouse is, it is important to consult with a lawyer to discuss how your state’s law applies to your personal situation and make sure you fully understand your legal rights.

Visit the web site of Houston divorce lawyers of Garg & Associates for more information on how to navigate this distressing time in your personal life.