When it comes to splitting up, you have two choices; divorce and separation. So, which one is the way to go? For some divorce advice, and to discover what to expect from each pathway, read on…
As partners and parents, splitting up is usually a difficult, timely, costly, and heart-breaking process for many. For the sake of everyone involved, the biggest quest is to ensure the process goes as smoothly as possible.
The first step of this process? Deciding whether to get a divorce or a separation is the best place to start. This way, you can ensure you get the best out of a potentially messy situation.
Want some divorce advice, which should help you make the decision between divorce and separation, to get the ball rolling? Then you came to the right place, as this free legal advice regarding divorce should help you choose your next move…
The Difference Between Divorce and Separation
Separation and divorce each have the same end result; to split finance, assets, homes, and child custody down the middle. This creates boundaries and rules that must be adhered to for the rest of your lives. That said, there are some pointed differences between the two that could help you to make a more informed decision to decide the best pathway to choose.
When you divorce, your marriage is legally put to an end. This means that, in effect, you are now single. So, you can remarry, and you are recognised as a single entity.
Alternatively, by separating, you are still legally married to your spouse. Some examples of where this might come into play include:
- When it comes to signing documents, you must still mark that you’re married.
- If a separated woman has a child, the child is legally the spouse’s unless it can be proven otherwise.
- If your partner dies at work, the separated spouse will still be entitled to all financial pay-outs.
So, in all important life matters, like legal proceedings, you remain tied to your partner. At the end of the day, it’s simply down to personal preference as to which one you choose.
A Comparison: is it Better to be Separated or Divorced?
Before we go any further, you may be wondering what the benefits are of each scenario. Here, I’ve broken them down for you so you can see exactly what your options are:
Benefits of Divorce Instead of Separation
- You are able to remarry, as you are now a single person.
- You can live a completely separate life to your spouse, with the caveat of still having to share custody of your children.
Why Would You Get a Legal Separation Instead of a Divorce?
- This is a viable way to part ways with your partner if your religious or personal beliefs don’t agree with divorce.
- This is often a solution used by people who have only been married for a short time, which can help to save face amongst family and friends if this may be a difficult subject.
- You are still financially tied to one another, so any financial pay-outs will be yours, and tax will also be paid together still.
- A separation will normally cost a lot less money than a divorce, which is usually an average of around $15,000.
Types of Separation
Before you decide on your next step, it’s important that you know what different types of options are available to you. In terms of separation, there are a couple of different types that are noteworthy.
So, firstly, what is an informal separation in a marriage?This is the trial separation where the parties live apart, andcan then decide whether they really want to go through with a more permanent solution. This is usually for cases when marital problems have arisen, but a formal solution is not yet necessary.
Then, a legal separation is declared when a court decides you are separated. This is not always an available option in some US states, so knowing your state’s laws is imperative.
How to Start a Separation
If you are able to get a legal separation in your state, or in the UK, you can either:
- Submit a separation agreement to the court.
- File for a separation, in the same way that you file for a divorce.
These agreements must then be lived under for a period of time, which we will talk more about a bit later, and this will then convert to a divorce decree. Unfortunately, in the UK and the states, a legal separation can take months to process
Do You Need a Separation to Get a Divorce?
In the UK, you are able to get a divorce as and when you please. However, in some American states, a legal trial is required to ascertain whether there are grounds for a divorce. Therefore, a legal separation is often used as a middle ground, whilst the divorce process goes ahead.
These days – although this was not always the case – all states can now legally agree to a divorce in cases of both fault and no fault. Fault grounds include things like adultery, abandonment, cruelty, and criminal conviction. Alternatively, no fault grounds consist of pointers like a lack of compatibility, and a breakdown in the relationship.
Clearly, these days, emotions are now seen as a valid reason for divorce. So, when it comes to splitting with your partner in the modern world, there is clearly more empathy behind why this can happen.
How Long Should a Separation Last Before Divorce?
In cases where separation is required before a divorce, the timescale is very much dependent on the state you live in. Inmost cases, however, the separation time must be between six months and a year before a divorce is granted.
Getting Support and Divorce Advice
Situations like this can be tough, for both the couple and the surrounding family. Sometimes, it’s not just about the practical side, it’s about the emotional side too. For more information on how to deal with a divorce or separation, mentally, here is a great site which may answer your more personal questions.
My Final Words of Divorce Advice…
So, there we have it; the main differences between getting adivorce or a separation. I hope that this post has answered some of your questions, so that you can make a decision that benefits the whole family.
Have you had any experience getting a divorce or separation? If you have any words of wisdom, I’d love to hear them in the comments below. Let’s start a discussion, and perhaps we can share stories and experiences, so people know they’re not alone.