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.

What to Look for in Divorce Attorneys and Bankruptcy Attorneys

Sometimes we all need help to cope with life situations such as divorce or bankruptcy. If you are on the verge of bankruptcy or divorce, friends may offer advice but in legal situations, you need assistance from Dallas divorce attorneys or Dallas bankruptcy attorneys. These people specialize in divorce of bankruptcy, and can offer you legal advice and assistance with your case. Knowing what to look for in Dallas law support can assist you with getting the help you need.

If you need a Dallas attorney to handle your bankruptcy or divorce case the best place to look is online. The Internet connects us all too valuable resources, which provide us with contact information to leading attorneys around Dallas, Texas. You can use online directories, reviews, or other resources to find a qualified lawyer to handle your legal case.

If you are looking for an attorney, seek out lawyers who have a proven history of handling divorce or bankruptcy cases professionally. New laws were established for bankruptcy; thus, make sure the attorney has updated information about the new laws in effect. Look for an attorney who offers advice on how to avoid bankruptcy. Just because you are in debt over your head, it does not mean you do not have other alternatives to bankruptcy.

If you have no other recourse but to file bankruptcy, and need a lawyer, make sure the attorney informs you about the different types of bankruptcies, such as Chapter 8, Chapter 13, etc. There are several types of bankruptcies to consider.

Divorce attorneys can offer you advice on your legal rights. A good attorney will look at the case at all angles, and offer you the best advice in proceeding with your case. You may need to have a legal separation, especially if the marriage is not broken down to the point of no reconciliation. In the courts, the judge will ask if the marriage has been broken down to the point, it cannot be resolved. If you say no, then you will not get a divorce, rather you may be required to apply for legal separation. If you say yes, most times the judge will give you the divorce.

Make sure that the attorney you choose has a history of handling divorce or bankruptcy cases effectively. Take time to check backgrounds and get references from attorneys you wish to hire.

Criminal Attorney and Legal Advice for Crimes

A criminal attorney is the legal professional that should be consulted when a person is a suspect of a crime or becomes a person of interest in relation to a crime. Usually, it is the government that files a case like this against a person. This means that there are lawyers of this kind who can prosecute as well as defend a client. Those who prosecute work almost exclusively for the government while those who defend can come from the private sector as well as the government.

Legal Advice

A consultation with a criminal attorney takes place when a person may be linked to a crime. There are several ways that a person may be connected to one. The first is if he or she is a suspect of the crime and may be already charged by the authorities for a trial. Another way that a person may be related to a heinous act is if he or she is a person of interest in the case. The term “person of interest” means that the individual is not charged with anything, but he or she is under scrutiny by the authorities and is advised not to go far from the state where he or she is located. The individual may be called repeatedly for an interview or an interrogation, and this is one of the times that the presence of a legal adviser may be handy.

One of the first things that a criminal attorney will tell his or her client is not to say another word without him or her alongside. The lawyer can determine if his or her client’s spoken words may incriminate him or get him more entangled in the case. The client may also say something that will incriminate him or bring to light one of his or her nefarious activities even though this is not related to the current crime. Usually, the lawyer will advise his client against incrimination or exposing himself to herself to be prosecuted for another crime during the interview with the authorities. Another piece of advice that the lawyer is likely to tell his client when the client is a person of interest in a case is to tell the truth according to what really happened. Many people embellish or reduce the facts in order for them to be released from. The problem with embellishment or not telling the truth when it comes to interviews with authorities is that the police or the Federal Bureau of Investigation usually finds these things out by themselves and returns to ask why the client did not tell the truth. This can complicate matters and make the person of interest become a suspect.