Divorce-Legal Separation
Divorce:
Divorce is the legal process of ending a marriage. It involves the court dissolving the legal union between two people, dividing their assets and debts, and making arrangements for child custody, support, and visitation.
In a divorce, there are generally two ways to proceed: contested or uncontested. In an uncontested divorce, both parties agree to the terms of the divorce, including asset division, child custody, and support arrangements. The divorce is finalized relatively quickly and without significant court involvement.
Legal Separation:
Legal separation is a legal process that allows couples to live apart and divide their assets and debts without actually ending their marriage. It can be a good option for couples who are unsure if they want to divorce but need some time and space apart.
Legal separation works similarly to a divorce, except that the parties remain legally married. They may divide their assets and debts, establish child custody and support arrangements, and live apart from each other. Some couples may choose legal separation as a way to test the waters of separation before deciding whether to proceed with a divorce.
Both divorce and legal separation can be complex and emotionally challenging processes, and it’s important to have an experienced family law attorney like ours on your side to guide you through the legal system and protect your interests.
Commonly Asked Questions
The divorce process typically involves filing a petition with the court, serving the other party, negotiating a settlement, and attending court hearings. If the parties cannot agree on all issues, the court will make decisions on their behalf.
Property is typically divided in a divorce based on the principles of equitable distribution, which means that each party receives a fair and equitable share of the assets and debts.
Child custody and support are determined based on the best interests of the child. Factors such as the child’s age, health, and relationships with each parent are taken into account. Please read more on child custody, parenting plans-visitation and child support.
The duration of the process depends on the complexity of the case and the court’s schedule, but it can take several months or longer to reach a final decision.
Warning: This can be a complex and emotionally challenging process. This is why it essential to have one of our experienced family law attorney on your side to guide you through the legal system and protect your interests. Keep in mind legal separation is not a substitute for divorce and that there may be potential legal and financial consequences to remaining legally married while living apart. Finally, It is very important to remember that decisions made during a divorce or legal separation (without your attorney) can have long-lasting consequences.