A lot of people in the US today are opting for legal separation rather than divorce. This is even when they know that their relationship has gone down a sinkhole. But why are so many couples making the choice to live apart rather than get a divorce? What are the reasons for a couple to choose legal separation instead of a divorce?
You will find the answers to these questions after understanding the difference between legal separation and divorce mentioned in this article.
Legal separation is different from divorce. All states in the US except Texas, Florida, Delaware, Mississippi, Georgia, and Pennsylvania recognize legal separation.
If a couple lives apart and files a legal separation agreement in the court, the partners are considered legally married even though they have separated. In case the partners later decide to end the marriage, they will have to follow the legal proceedings for a divorce. Since the marriage has not annulled in the case of legal separation, the partners can get back together if they reconcile the differences.
Divorce, on the other hand, refers to a complete dissolution of the marriage. The partners won't be allowed to remarry once the marriage has been legally annulled.
Now that you understand the difference between legal separation and divorce, the question arises, why couples decide to remain legally separated but married to each other?
A number of reasons can be cited for the couples opting for legal separation instead of a divorce. Here are some of the reasons for the decisions to remain legally separated.
Once a couple has legally separated, all the properties and debts acquired before a separation are jointly held. However, assets and liabilities acquired after a legal separation are considered separate. The liabilities include maintenance of the property, house mortgage payment, and car loan payments and others.
A legal separation is different from divorce. Each state has its own laws relating to the division of debt and properties after a legal separation and divorce. It's essential that you get expert legal advice from a qualified divorce attorney to sort through legal complexities involved in each case.
A qualified divorce attorney will help you in negotiating a separation or divorce agreement. The attorney will try to get the best possible outcome in your favor. If you want to know more about the distinction between legal separation and divorce, you should contact Milligan,Beswick,Levine & Knox LLP. We have a team of experienced lawyers who can provide you with the best expert legal counsel regarding your case.
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