Divorce and separation are different in their essentials. In separation the couple remains married legally to each other whereas in divorce the union no longer remains legal. Some states have “separate support” or “complaint for custody” laws instead of legal separation laws.
Grounds for Separation and Divorce
There are different grounds for separation and divorce. (Grounds for divorce) You can file for a legal separation decree if:
- Your spouse has deserted you.
- Your spouse is neglecting or refusing to provide for you.
Filing for Separation and Divorce
If you are going for an informal separation, you can discuss and agree upon your separation agreement on your own without going to the court. But in case you want a legal proof of the agreement to make its enforcement hassle free, you should file it in the court.
For legal separation and divorce, you have to file in the court. For certain documents you will be charged an amount.
Separation Agreement
A decree of separation is required for legal separation. It states a couple’s duties and rights to one and another. Issues similar to divorce like child custody,
child support, spousal support, alimony, division of assets and liabilities are also stated in it. For getting a divorce, a legally separated couple has to file separately.
If a separation agreement is found to be unfair, a court of law can refuse it. You are free to sign or not to sign it. Consult your attorney in case you are being pressurized to sign one. (Divorce attorney in each state)
Legal separation is somewhat like divorce but separation and divorce are essentially two different ways of bailing out of an unhappy marriage.
