Legal separation is a process by which a divorced married couple can formalize a voluntary separation by remaining legally wed while still legally married. A legal separation will be granted by the court as a court ordered action. The legal separation does not carry the same tax consequences as a divorce and is considered much simpler and less expensive than a divorce. There are some differences between the two legal processes. To be eligible for a separation, there are certain requirements that must be met. Here is more info about Separation Maintenance In Georgia.
The primary difference between a divorce and a legal separation involves how the assets are divided between the married couple during the course of the separation. In a divorce, after one party files for divorce, a judge makes the decisions about how the assets will be distributed. Usually, a judge will divide the assets equally, but a few states still allow the husband to keep some assets while the wife retains others.
In the case of a legal separation, there may be some differences in how the assets will be divided. One of the most common differences is who gets custody of the children during the divorce. If the parties are not married, then the mother usually has custody of the children. However, some states do allow joint custody or equal parenting time for both spouses. In some states, if the children have been adopted and living with their natural parents, then either parent may be awarded temporary custody of the children during the divorce.
During a legal separation, it is important for you to remain as far away from your former partner as possible. No contact will be allowed and you will probably not be allowed to enter any of your former partner's homes. This simply gives you time enough to get organized and think through your options. It can be an exciting time, but you do need to remember that your former partner may still be angry and may try to contact you after the separation has taken place. It is best if you just go into seclusion and do not communicate with him or her at all. Get to kno0w more about How To File For Legal Separation on this site.
If you and your partner decide that a divorce is in your best interest, then you may want to file for a legal separation. Even if you are not going through a divorce, you may still find that you would like to separate legally. Many people think that if they separate for a certain period of time, they are breaking up permanently. However, a legal separation only becomes a permanent breakup when you get married again. It should be noted that even if you and your spouse do eventually end up getting married, you will not be considered divorced until the marriage ceremony has taken place.
A final consideration is that a legal separation may not be granted if the grounds for it were found to be illegitimate. Grounds for separation include bad marriage record, desertion, irreconcilable differences, and others. You can check with your local court for more information about the requirements for you to get a judicial decree of separation. It is important that before you get married, you discuss this issue with your lawyer first so that you are prepared for what to expect. Check out this related post to get more enlightened on the topic: https://en.wikipedia.org/wiki/Lawyer.
