The Difference of Divorce or Separation

When a married couple decides that they can no longer be together, they have two options: they can file for divorce or they can file for separation. Divorce lawyers in Villa Rica will tell you that there is a distinct difference between the two options. Most people are familiar with the concept of divorce but a separation has its own advantages.

Trial Separation

There are four kinds of separation. A trial separation is exactly what it sounds like: a period of time where the couple lives apart from one another. This form of separation is not legally recognized. It is more or less a time for the couple to consider their options and perhaps seek counseling.

Living Apart

Living apart is when a couple has no intention of reuniting or reconciling with their partner. This status is legally recognized and depending on the state where the couple resides, property rights can be affected as a result. Some states consider property and debt accumulated belonging to the person who incurred or purchased it. Other states uphold that all property is joint unless the couple files for an official divorce. In certain states partners who are living apart must remain so for a predetermined number of years before they can file for a no-fault divorce.

Permanent Separation

Permanent separation can begin after the trial period or when the couple is living part. All debts and property acquired during this period belong to the person who acquired them. Most states recognize this form of separation, but a few will still consider the property jointly owned.

Legal Separation

Legal separation is similar to a divorce in that property is divided between the two parties. Child custody and child support are also determined by the courts. It is an option for couples whose religious beliefs forbid an actual divorce. If you decide on legal separation, a divorce lawyer in Villa Rica can help guide you through the process.