Do You Know the Difference Between Divorce and Legal Separation?

Being married is one of the most beautiful things that can happen in a person’s life. It is something that should be celebrated and enjoyed for as long as possible. What happens then if your marriage starts to fall apart? What do you do next? Can you save it or will it all end up with divorce papers being filed soon? Hopefully not.

But when a married couple decides to go their separate ways, they have two options: divorce or legal separation. Not knowing the difference between the two can lead to issues down the road, especially if you don’t have an experienced Sydney family lawyer to guide you.

There are many reasons why people choose to get divorced or separated. Some of these include infidelity, abuse (physical or emotional), financial issues, such as gambling, debts and so on. Whatever the case may be, there is always a solution that will work best for both parties involved. If you are in this situation right now, it’s time to take action before things get worse.

What exactly is legal separation?

Legal separation is when both spouses agree to live apart for at least one year without filing divorce papers during that time period. If they do not reconcile within the agreed upon timeframe, then either party can file for divorce. 

It is important to note that it takes two people who love each other very much and want what’s best for their family if they decide on legal separation instead of dissolution. This option allows couples time away from each other while still being married so children don’t have to go through a traumatic experience of their parents getting divorced.

During legal separation, the couple will still be considered married and all assets and debts will remain as they are. Also, any agreements that were made between the two spouses during this time period will still be valid once the divorce is filed. The only difference is that there is now a written agreement between both parties that states they are living apart.

One important thing to note about legal separation is that it can often turn into a de facto divorce if one spouse decides they no longer want to be in the marriage. This means that the legal separation process doesn’t have to happen in court. It can simply happen with both parties agreeing to live separately and not communicating with each other at all. 

In some cases, a legal separation can take years before one spouse files for divorce because they’re afraid of what would happen if they did so immediately after separating from their partner.

What exactly is a divorce?

Divorce is the end of a marriage and it has to be filed in court by either party. It costs money to do this; however, there are ways around paying the necessary fees, such as filing through pro-se (self representation). When someone files for divorce on behalf of themselves without using an attorney then we call that person ‘pro-se.’ 

The first step in getting an uncontested divorce is to find out if you are eligible for one. Once this has been determined, it’s time to decide whether or not your spouse wants the same thing as well. If they do, then it’s likely that both parties will agree on everything from child custody arrangements (if there are any kids involved) through property division issues, such as dividing up debt and assets like houses and vehicles.

The next step would be filing all the necessary paperwork with your local courthouse, so that a judge can sign off on the final decree of dissolution. This gives each party full legal rights again after years being married before dissolving their marriage completely without having gone through costly court proceedings.

Conclusion

It’s important to remember that a divorce is permanent while legal separation can always be undone if the couple decides they want to get back together. This is why it’s important for couples to think about what they want and need before deciding which route to take. Once they’ve filed for a divorce or separation, it’s difficult (and costly) to change your mind later on.

If you are considering either a divorce or legal separation, please contact an experienced Sydney family lawyer right away. They will be able to guide you through the process and help make sure that the decisions you make are the best ones for both you and your family.

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