Some jurisdictions in the United States allow residents to pursue a divorce of legal separation case, according to the American Bar Association Section of Family Law. As you face marital problems, you need to fully understand what options are available to you pursuant to the statutes in the state where you reside, including divorce and legal separation.
Basic Elements
Only one major legal difference exists between a divorce and legal separation case. In a divorce proceeding, your marriage terminates at the end of the process. On the other hand, if you pursue a legal separation, your marriage does not end at the conclusion of the case. In both types of cases you obtain orders from the court dealing with issues like dividing up property and debts as well as resolving matters dealing with your children.
Commencing Case
A legal separation and divorce case commences with the filing of a petition or complaint. Court clerks across the country maintain a selection of standard forms for individuals seeking a divorce or legal separation and who are not represented by attorneys. In the petition or complaint you set forth the basic facts supporting you desire to end your marriage or resolve all issues associated with your marriage except for an actual termination.
Decree
Legal separation and divorce cases result in the court issuing decrees that divide property between both spouses. These orders also assign debt to each of the spouses as well. A decree in both types of cases establishes custody, support and visitation for the children. A divorce decree includes a clause terminating the marital bonds, while a legal separation decree has no such provision. Finally, a female spouse can restore a previous name in a divorce decree but not in a comparable order for legal separation.
Settlement of Trial
The laws of all states permit you the ability to settle a divorce or legal separation case or embark in a trial before the court. If you negotiate a resolution of the case, you and your spouse enter into a settlement agreement, a contract that the court incorporates in the divorce or legal separation decree. On the other hand, if you have a trial in either type of cases, the court makes all decisions regarding issues in a divorce or legal separation case, decisions that end up incorporated in a final divorce or legal separation decree.
