What is the difference between a divorce and separation?
There are many distinctions between the two, but a key difference is that a divorce allows you to remarry, but with a separation, you will be unable to remarry in the United States until you officially are granted a divorce in a separate hearing. Speak with an attorney to better understand the legal ramifications of divorces and separations.
What issues must be resolved in court if we have children?
Generally, custody, parental visitation, and child support are the main issues, which involve children. However, a couple may still need to address spousal maintenance, the division of assets and debts and multiple other issues as well. The court may also require the family to undergo services and interviews. If you and your spouse are unable to address all issues involved in a divorce, it's best to speak with an attorney who can help steer you through the process.
What issues do we resolve if we don't have children?
Spousal maintenance and the division of assets and debts are usually the main issues, but the opposing party may bring up other problems they want resolved. Speak with an attorney if you are unable to come to an agreement with your ex-spouse.
Can spouses be legally separated without a court order?
Separation means two different things for divorce and legal separation cases. Speak with an attorney to assess when the date of separation occurred and the many legal ramifications of a separation.
What are my rights and duties if my spouse and I are separated?
Regardless whether you have been separated, you still have duties and responsibilities to the other spouse and any children. The extent of your liability depends on the facts of your case. Speak with an attorney closely about your personal situation and they will help you assess how to deal with any changed circumstances or issues you and your family may be facing.
How can my spouse and I end a legal separation?
It depends on when a party to the case is requesting the end of the legal separation. If the court has not ruled on the legal separation, then either party can request a dismissal of the action. If the legal separation order has been entered, then the parties can act as a non-separated couple, but one or the other party should request that the separation order be amended. However, if either party wants a divorce, then a divorce petition needs to be filed and the parties must follow all procedural requirements carefully.