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| Legal separation vs. divorce, which is right for you?
There are many reasons people may choose legal separation over divorce, such as religious or personal beliefs about divorce, as well as being able to keep health insurance or other benefits by remaining married.
The majority of the clients I have assisted with legal separation were not quite ready for a divorce but wanted to protect their assets and have their debt divided, usually because of drug or alcohol abuse or excessive gambling on the part of their spouse.
The major difference between legal separation and divorce is that the parties remain married after a decree of legal separation is entered until the parties convert the legal separation into a divorce or dismiss it.
When the parties have been legally separated for six months or longer either party may request that the legal separation be converted to a divorce without the other spouse's consent. This can be done without a formal court hearing if both parties agree to it or if your spouse never responded to the summons for legal separation.
Differences between divorce and legal separation:
* The parties remain married after entry of decree of legal separation
* There is no 90-day waiting period for legal separation when both parties agree to it
* Either party may ask the court to convert the legal separation to divorce after 6 months
* A legal separation may be dismissed if the parties reconcile
Legal separation facts:
* The filing fee is the same as divorce
* Property and debt are divided
* Custody of minor children will be decided
* Child support will be ordered for minor children
* Restraining or protection orders can be entered
* Tax exemptions will be determined
* Either party can change their name
* When converting to a divorce all orders remain in effect
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| | Legal information is not legal advice - Empower Yourself |
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