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A legal separation is a court order that mandates the legal rights and duties of a married couple while they are living apart. A divorce is the legal end of a marriage. There are advantages and disadvantages to both. There are many things to consider when contemplating legal separation vs. a divorce, including:
The divorce process can vary, according to the state you live in and the specific circumstances for seeking a divorce. Some general steps that are commonly included in the divorce process are:
The legal theory underlying annulment is that the marriage was never valid to begin with, meaning that the marriage never existed in the eyes of the law. In legal terms, marriages subject to annulment are classified as "void" or "voidable," and are sometimes called "nullified" marriages. Annulment is distinct from divorce in that a divorce terminates a previously valid marriage.
There are several legal implications individuals should examine when considering divorce. While state laws and individual circumstances vary, common areas to be aware of are:
Getting a divorce can have serious, long-term effects, both emotionally and legally. There are also strict legal requirements that cover everything from choosing a method of legal separation to selecting where and how to file, to deciding how the property should be divided. The divorce process can be confusing, especially without legal assistance. FindLaw's directory can connect you with trusted divorce lawyers in California to guide you through the divorce process and minimize the stress you experience during this difficult time.
There are several distinctions between divorce and separation.
First, legal separation may be a court-mandated step of the divorce process, with some states requiring that potential divorcees spend some time living apart in a form of legal separation before proceeding to formal divorce.
Outside of this requirement, legal separation is reversible, while divorce is not. Once you have been declared divorced from a former spouse, there is no going back. Legally separated spouses retain the right to inherit property as well, and may not remarry (as they are still considered married, despite separation).
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