When a married couple decides to go through a divorce or separation, they need to understand that they go through a lot of process as well. This includes dealing with some legal matters and of course consulting divorce lawyers to help both parties go through the entire process. What then is the difference between divorce and separation? In legal separation, the couple may either be married or unmarried who decide to live apart from each other because they had a falling out.
If the couple is married, the marriage doesn’t end legally and may be a precedence to divorce that means divorce lawyers may also be required since the couple have to follow certain rules and regulations while they are separated.
Divorce on the other hand is only for married couples who cannot live with each other any more. Divorce lawyers are definitely needed for this legal process as this involves legally terminating a marriage. When the couple has children, the whole experience becomes more complicated because it’s the kids who get affected the most.
When family lawyers get involved, they need to take care of certain factors that may affect the children such as changing the family name if necessary, and all the other concerns about the family that may result from the divorce.
The process of a divorce may differ in every country, for example in Canada, the leading federal family law is the Divorce Act that determines the rules on grounds for a divorce, child support when parents divorce, spousal support following a divorce as well as custody and parenting arrangements for children after a divorce. California conversely is known to be a “no fault” divorce state wherein the spouse demanding for a divorce doesn’t have to prove that there’s something wrong, but can simply say that they have irreconcilable differences.
Perhaps, before deciding to have a divorce, it’s better to have a temporary separation first especially if you have kids to save them from a traumatic experience. After all, going on separation has its advantages. First is that it gives the couple the time to be apart from each other, and from all the conflicts that they feel within their marriage so then they can have the time to think whether or not to push through with the divorce. Another advantage is that the spouse gets to retain some benefits such as medical, social security and the like.
In case the marriage cannot really be saved, then it might be best to go and see a lawyer so that someone can advise you on what to do. This way, you save time and money.
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