In every marriage, there comes a time when the couple must decide whether to stay together. For some, the decision is easy; for others, it’s much more complicated
When a married couple chooses to go their separate ways, they must navigate the legal system by understanding the different types of separation recognized under family law.
There are four types of separation, and each one has its own set of rules and regulations. Below is a guide to help you understand these four types and what each entails.
Temporary Separation
The first type of separation is called a temporary separation. It is the most common type, and it happens when the couple decides to live apart while both parties figure out their relationship.
Temporary separations can last for any period, but they usually happen for a few months. During this type of separation, the couple is still technically married and is still responsible for each other financially. It means that they will need to continue sharing household expenses, and neither party can start a new relationship without the other’s consent.
A temporary separation does not involve any legal proceedings, and the couple can stop living together without any further action. However, if either party decides to end the marriage, they will need to file for a legal separation first, which is another step altogether.
Nonetheless, a temporary separation is an excellent way to break from a bad relationship without going through the complexity of legally separating.
Legal Separation
A legal separation is a court order that separates the married couple while still allowing them to remain legally married. During a legal break, the couple is not permitted to live together and must follow all the rules outlined in their decree.
Couples can use legal separation as a precursor to marriage dissolution or as a way to stay married while living separately. If a couple decides to pursue ending their marriage after legally separating, they must go through a process to make the decision final.
Many couples prefer legal separation for many reasons. It allows protecting one spouse’s assets in case of a financial threat or obligation. It can also be a way to maintain health insurance or other benefits through one spouse’s benefits. If a party prefers to remain married for religious or other reasons, a legal separation is the best option.
If things don’t work out after legally separating, the couple can always decide to move forward with a dissolution.
Divorce
A divorce is the legal termination of a marriage. If you want to dissolve the legal bounds of your wedding, you must file your request in court and meet specific requirements. A divorce lawyer can help you through the process.
In most cases, the court will grant a divorce as long as the couple has been apart for some time, there is no hope of reconciling, and both parties agree to the decision.
There are other grounds for filing a divorce, including adultery, abandonment, and cruelty. In that case, one of the parties does not have to agree to the divorce, provided that the complainant can prove grounds in court.
The court will decide on asset division, child custody, and other matters during the process. It is important to remember that this decree is legally binding and cannot be undone.
Annulment
An annulment is a legal proceeding that cancels a marriage. Unlike a marriage dissolution, which ends a valid marriage, an annulment declares that the marriage was never valid in the first place.
There are several reasons why a couple might seek an annulment: bigamy, one spouse being underage, fraud, mental incapacity, and physical incapacity.
An annulment is much more complex to obtain than a dissolved marriage and must meet specific requirements. The couple must have been married for a short time, there can be no children from the union, and both parties must agree to the annulment.
If one party does not want an annulment, it is unlikely that the court will grant it. That’s why it’s crucial to have a qualified family law attorney represent you in this process.
It is essential to understand separation’s legal and emotional implications before moving forward. The different types of family law can help you decide which option suits your needs best. While a temporary break might be enough for some, others may need more time or want to go through a legal process such as a legal separation, divorce, or annulment.
Nonetheless, it is essential to remember that each option has its benefits and drawbacks, so be sure to speak with an attorney before making any decisions.
