Before we delve into what your rights are if you are separated from your spouse, it’s important first to understand the difference between separation and divorce. When two people separate, they are still legally married. There are three categories that a separation can fall under, and each one may affect your rights differently.
A trial separation is informal and doesn’t need to involve a court. In a trial separation, couples often try and resolve their issues with the hopes of reconciling at the end of the separation period. The couple determines the terms of separation. Since this type of separation does not require any legal action, couples are still married and are legally bound by the marital laws of the jurisdiction, including rights to property and children. It is advisable to draft a separation agreement during a trial separation that defines who is responsible for bills, custody arrangements, living arrangements, and other terms important to the couple.
A permanent separation means you and your spouse have no hope for reconciliation. Like a trial separation, a permanent separation doesn’t have to be granted by a court. States have different laws regarding the rights of spouses who are permanently separated. Being permanently separated may affect your rights regarding property and debt. Understanding these rights is important.
In contrast to the other two types of separation, the court recognizes legal separation. The proceedings in a legal separation are similar to those in a divorce case. The court will determine how property should be separated, debt responsibility, and determine custody if children are involved. One important thing to note is that spouses are not legally allowed to remarry until they have officially divorced.
The primary difference between a legal separation and divorce is that the marriage remains intact. Should you and your spouse decide to reconcile, a legal separation requires a judge to terminate the separation, and you will regain all marital rights. Some states may require you to enter a period of separation before granting a divorce.
If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. Call us at
330-922-4491 or
contact us online so that we can immediately schedule you for an initial consultation. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as court-required deadlines need to be met.
The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.
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