Legal Separation vs. Divorce

Saturday, May 2nd, 2009

Legal separation is similar to divorce in issues relating to allocation of debts or division of property, spousal support or alimony, visitation, child support, and child custody. In legal separation, the couple will be separated but they remain married. This option is usually pursued due to personal or religious reasons negatively associated with divorce.

So what is the true meaning of divorce? It means that the judge signed a document for “dissolution of marriage.” In other words, you are declaring that you’re no longer married to each other. It is a legal act, just like when you signed your marriage contract.

If you are filing a “no-fault” divorce, then there’s nothing that your spouse can do to stop it. However, he or she can stop a “fault divorce” by asserting defense. Some of these defenses are:

· Collusion – secret cooperation or agreement between spouses to deceive the judge

· Provocation – inciting another to do an act

· Connivance – setting up the other person to commit the wrongdoing

· Condonation – implied approval of one’s activities by acting as if the offense were never committed

Filing for a legal separation or divorce is similar to initiating a civil lawsuit. Many states have online forms that you can fill out and file at the courthouse (Complaint). Then, these papers will be delivered to the other party (“served”). Rules and conditions on the contents of the Complaint and how it must be “served” are technically specific and generally complicated. It’s not a good idea to do these without lawyer consultation.

Tags: Collusion, Condonation, Connivance, dissolution of marriage, Divorce, fault divorce, lawyer consultation, legal separation, no-fault divorce, Provocation
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