What do you know about Separation?
Member
Join Date: Jan 2006
Location: behind the viewfinder...
Posts: 6,278
It depends on the state you live in. I live in California, and this was one of the questions I explored in my free consult with a divorce attorney. What I found out is that legal separation and divorce are pretty much the same thing. Except that if you ever want to remarry, you cannot if you are legally separated. Then you have to go back to court and go through the process all over again to get divorced. Although I have no desire to ever remarry 
, I decided to go for the divorce because I didn't want to have to go back to court at some point in the future if I change my mind.
Best thing would be talk to an attorney.
Also, you can live separately without doing anything 'legal,' if you want. There are financial risks to consider, though.
L
, I decided to go for the divorce because I didn't want to have to go back to court at some point in the future if I change my mind.Best thing would be talk to an attorney.
Also, you can live separately without doing anything 'legal,' if you want. There are financial risks to consider, though.
L
Member
Join Date: Apr 2010
Location: Alaska
Posts: 2,913
LaTeeDa's answer pretty much cover's my understanding of separation vs divorce as well.
The State of AK has a self-help family law site that posts links to the forms required in AK for both legal separation and divorce and provides information about the differences. They also offer an informational class on what to expect in the process/court for those who want to represent themselves. It's possible that something similar is set up where you live.
The State of AK has a self-help family law site that posts links to the forms required in AK for both legal separation and divorce and provides information about the differences. They also offer an informational class on what to expect in the process/court for those who want to represent themselves. It's possible that something similar is set up where you live.
Occasional poor taste poster
Join Date: Jul 2005
Posts: 2,542
In VA a separation agreement (Marital Settlement Agreement) is a contract between two parties that outlines property division, custody, alimony or child support issues, etc. It is incorporated into the final divorce decree that is signed by a judge as part of the process.
I was able to find a ton of info on my states domestic court web site.
I was able to find a ton of info on my states domestic court web site.
Member
Join Date: Nov 2009
Posts: 223
Michigan and Florida do not have legal separations. However, if you are living apart and have separated your money and credit and debts, and don't interact, the courts generally recognize an informal separation. However, you still have legal liabilities and responsibilities.
Only a local lawyer can really give you answers.
Social security does not recognize separation. If you get married and a week later move to separate states and never speak again but don't divorce for 15 years, they base your benefits on a 15 year marriage.
Only a local lawyer can really give you answers.
Social security does not recognize separation. If you get married and a week later move to separate states and never speak again but don't divorce for 15 years, they base your benefits on a 15 year marriage.
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