Family law statutes in many states permit a couple with marital problems to seek a divorce or a legal separation. Keep in mind that while all states have laws allowing for divorce, not all jurisdictions recognize legal separation. A great deal of the legal requirements, procedures and outcomes for both types of legal proceedings are the same. However, a major difference exists between divorce and legal separation as far as the ultimate status of the marriage is concerned.
Functions
The functions of a divorce and a legal separations including settling all issues associated with a marriage, according to DivorceNet. These include dividing the property and debts of the parties and establishing custody, visitation and child support for the children. Another function of a divorce that does not exist in a legal separation case is the termination of the marriage itself.
Types
Two types of legal separation exist in different jurisdictions in the United States, according to DivorceNet. One type of legal separation remains in effect indefinitely after a court issues an order in a case. Another type of legal separation remains in force for a set period of time. Once that time period expires, the parties must divorce or resume an active marital status.
Couples can seek one of two types of divorces, depending on the law of the state in which they reside, according to the American Bar Association Section of Family Law. First, no-fault divorce permits a couple to dissolve a marriage without demonstrating any type of wrongdoing. Second, no-fault divorce requires the petitioner--the spouse seeking a divorce--to allege some type of marital wrongdoing, such as adultery or drug addiction.
Misconception
The most common misconception associated with divorce and legal separation is that a couple must obtain a legal separation before filing for divorce. Although some states require a period of physical separation between spouses before filing a divorce case, that requirement is not the same as legal separation. A legal separation is an independent cause of action.
Considerations
In debating whether to seek a divorce or legal separation, common considerations include whether the couple desires to reconcile and believes a reconciliation represents a reasonable possibility. Religious reasons also dictate whether a couple seeks a divorce or legal separation.
Expert Assistance
A common element of both divorce and legal separation is that they are both complicated legal proceedings. Therefore, you may be best served retaining the services of a lawyer to represent you in either one of these types of cases. Local and state bar associations maintain directories of lawyers in different practice areas. Contact information for these organizations is available through the American Bar Association headquarters:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
