What Is the Legal Difference between Separation and Divorce


An agreement on legal separation covers all matters that would be covered in the event of divorce. Child support is documented and the time each parent will spend with the children. The documentation protects your interests and can be the same deal when it`s time for a divorce. Another agreement may be reached for a legal divorce if both parties do not agree on the initial agreement that they were able to try at the time of separation. While separation can serve as a “test” for divorce, you need to carefully weigh the pros and cons of each option. If you know there is no possibility of reconciliation, you may want to file for divorce to avoid prolonging a marriage that you know will never work. Oregon is a “flawless” state of divorce. This means that if you apply for separation, if your spouse prefers divorce, he or she can convert the case into dissolution proceedings within two years of the filing date. Divorce and legal separation have similar effects in many ways. Divorce and legal separation create a space between you and your spouse. They live separately. Your finances are separated. Custody, family allowances, division of matrimonial property and debts, and spousal support (called alimony if you divorce) are all ordered by the court.

There are countless reasons to play well during a divorce, especially to make things easier for children. But it goes far beyond the offspring and can be a great way to save money and your mental health. Marriage offers benefits and bonds that some couples want to keep for a variety of reasons. Some feel like they can`t live together, but find reasons why they don`t want to divorce. If you and your spouse cannot agree on the terms of the separation agreement, you may want to consider participating in mediation. Otherwise, the judge will evaluate the evidence and testimony in your case and determine the outcome based on your specific case. Legal separation allows spouses to live separately during the period in which they are married. It`s similar to divorce in that the court can make a judgment that divides your property and assets, assigns responsibility for debts, determines custody, and determines support payments. However, it is important to be aware that a separation does not end your marriage. In addition, court fees, time and mediation requirements are generally the same as in the case of a divorce.

While separation can be beneficial in some cases, it`s not for everyone. In situations of violence or domestic violence, it may be healthier to break off relationships with your spouse altogether. Divorce could also be the best way to stay married if there are no financial or legal benefits to staying married, as court proceedings for separation and divorce can be costly. You could potentially incur more costs in the long run if you had to go through all the legal processes. Legal separation is a court order that prescribes the rights and obligations of a couple while they are still married but live apart; In the event of divorce, the spouses are no longer married. Although legal separations are not very common, they can be useful, especially if the spouses solve personal or financial problems that affect the marriage. Since both processes have pros and cons, there are many things to consider when considering legal separation versus divorce. Debts acquired by one of the spouses after a permanent separation but before a final divorce and used for the needs of the family are treated as joint debts of both spouses. These debts can include things like home payments, family home maintenance, and expenses related to child care. Even less complex situations like these are legally and emotionally challenging. Be aware of potential problems before they occur. You have certain rights and choices to make if you separate or divorce in Torrance.

Whether you and your spouse are separating or divorcing, it`s never easy to end a marriage. It is important to fully understand your legal rights and options to determine whether legal separation or dissolution of your marriage is best for your situation. It may seem like there isn`t much difference between separation and divorce, but they`re worth considering. If you plan to remarry in the near future, it`s important to keep in mind that a separation won`t end your current marriage. To marry someone else, you still have to divorce. If you divorce after a separation and your case is taken to court, a judge will likely assume that since you were satisfied with the separation agreement, the agreement should be transferred to the divorce agreement. For this reason, it is important that you reach a separation agreement with which you can live in the long term. If you want to know more about the difference between separation and divorce, a competent lawyer can help. Salem-based Litowich Law can discuss your options and help you understand whether a divorce or separation is the best decision for your situation.

We invite you to contact us for a consultation. Some states require separation before they can divorce for certain reasons. Often, a waiting period of six months or a year during which you live separately and separately is required before you can divorce. It is important if you live separately from your spouse to legally separate with a formal written agreement. A written agreement addresses issues of the spouse`s debt for which you may be held liable during the separation. Legal separation has some flexibility and can be structured according to the needs of your situation. Unlike divorce, legal separation can be temporary and issued for a limited period of time. After the specified separation period expires, you can decide if you want to proceed with a divorce.