The Difference Between Divorce and Legal Separation

There are many options for a couple that doesn’t want to stay together. There is divorce for the ones, who need to put an end to their marriage. Couples can also go for annulment that would invalidate their marriage as an incident that never happened.

Then there is legal separation, which is a better option for a couple having kids. While the alimony calculation, child support etc remains the same in case of both divorce and legal separation, there are few distinction between divorce and legal separation procedures. Here are some of the basic differences:

Termination of marriage in divorce

While divorce can effectively terminate the marriage, legal separation only terminates the relationship between the couple without affecting their legal marital status. The couple is still married in the eyes of law. Separated couple can live separately, but that does not put an end to their marriage.

Couples who want to give their marriage a second chance by taking a break from each other or those to whom their kids’ emotional stability is very important often resorts to separation rather than divorce. This ultimately also eliminates the option of remarriage for both the husband and the wife.

Reasons for separation and divorce

There are many reasons because of which a couple may opt for separation. For some, their religion doesn’t allow them to divorce their spouses, in which case separation becomes their only option. In some cases, the spouses look at the benefits of legal separation like social and medical security.

After divorce these benefits get divided, but both partners can still share the benefits just as they used to when they were married. Sometimes, kids are at the center of the couples’ decisions. It may be less traumatic for kids, if their parents opt for a separation in place of a divorce. A divorce can prove to be very devastating for kids.

The Differences

There are some major differences in the way divorce and legal separation is filed. In general, the legal procedures for finalizing a divorce take longer than a separation. The documents involved in divorce and legal separation also differ. Should you have any doubts, you can always contact a divorce lawyer for further details.

A legal separation can lead to divorce

If a separation doesn’t work for a couple even after having put efforts, it is advisable that they get divorced but this doesn’t hold good the other way around. That is, if the couple has already got divorced, there is no way for them to go back and file for a separation. If the couple have reached the cul-de-sac in their marriage and have no hopes of reviving it whatsoever, divorce is the way to go.

Trial before divorce

Legal separation is like a trial period for the couple. It might not always lead to divorce. Some couples may realize that they can stay together and that divorce is not their only option. Legal separation could be the time for both the spouses to think over again and give their marriage a second chance.

If all works well, they may remain a happy family. The choice between a separation and divorce is in the hands of the couple. There are pros and cons to both but resorting to divorce without giving the relationship a second chance might not be the best thing couples do.

Read About Attorneys and Business Lawyers

An attorney is one who has obtained a law degree and has the ability to plead for, advise and fight in order to perpetuate the law. He can be a legal adviser for a company, or be practicing in the courts of law like in civil, criminal or family courts. Attorneys also called lawyers they can specialize in one or many areas of law and when looking for any sort of advice legally, ensure that you go to a lawyer who is a specialist in that specific subject.

There are a number of fields that an attorney can specialize in. You will find accident attorneys, attorneys for bankruptcy, civil lawyers, business or corporate attorneys, criminal attorneys, lawyers specializing in employment matters, insurance lawyers who ensure that whatever money is due to you is paid up on time, environmental law attorneys, lawyers well versed in family matters like divorce, intellectual property lawyers and many more.

If you happen to be running a small business, it is only natural that you will be up to your nose with decisions of umpteen matters day after day. There will be so many issues that need clarification, so in all probability it would be in your best interest to hire a competent business lawyer to look into many of your matters and help you to run your business smoothly. The need for a business attorney often missed out. There are so many matters like copyrights, various business laws, official amalgamation of business, liabilities, lawsuits, litigation and the like that need the attention of a legally well versed person.

Typically an excellent business lawyer should know all the different aspects of running a business or an organization, and should have the ability to help you in making decisions regarding how to run your business successfully and favorably. He should be in a position to inform you about the laws of the state concerning your business and also be able to get the requisite documents ready. The business lawyer will also know to draw up the necessary legal contracts required for the operation of your enterprise with your clients whether they are suppliers or customers.

He will and must act with your interest in mind and also elucidate in detail all nuances of any agreement that has been drawn up in simple legal terms that can be understood both by you and the other party involved. In addition, a legal business adviser in your company will only turn out to be a asset to the organization, particularly during issues that involve legal battles, especially if has been with the company for a few years and is well versed with everything that is happening inside it.

What is the Difference Between a Power Of Attorney and a Guardianship? Which is Appropriate for Some

A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.

A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.

This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.

Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).

A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual’s condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.

A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.

With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.