Divorce or Separation: What Is Best for the Family?

Divorce or Separation: What Is Best for the Family?

August 5, 2019

No one imagines on their wedding day that their marriage will end in divorce, but it’s an increasingly common option for unions that aren’t working out. What’s the difference between divorce and legal separation, and what is best for you and your family? The Law Office of Rob Biggers is happy to provide divorce and separation advice in Lubbock, TX when you contact us. For a brief overview of how these two legal concepts operate, read on.

Legal Separation

Separation is when a married couple decide to live separate lives, either in the same home or different ones. No legal paperwork is required for separation, but it’s a good idea to have a separation agreement. This can specify how bills, custody, insurance and other shared assets are handled.

When you’re separated, you’re still legally married. This means that you can continue to share health insurance and benefits as well as file joint tax returns. Some couples use this as a trial to decide whether they want to permanently dissolve their marriage through divorce (trial separation). Others opt for separation when their religious or cultural beliefs prevent divorce, but they still cannot live with their spouse. Since you are still legally married to your ex-partner, you will not be allowed to remarry until the divorce is final.

Permanent separation is an option for those who don’t want to divorce or live with their spouse. In most cases, you will not be legally responsible for any assets or debts your partner acquires. It is important to retain documentation of exactly when you separated, in the event that you do decide a divorce is necessary.

Some states require the spouses to live separately for a certain period of time before a divorce is granted.

Divorce

Divorce permanently cuts all legal ties between you and your ex-partner. If you choose to remarry, you will need to be divorced from your previous partner first. There are several different types of divorce, and not all of them will be available in each state.

Uncontested divorces happen when a couple can legally separate all of their assets without the assistance of the lawyer. They will usually draft a separation agreement and submit it to the court. If they cannot come to an agreement, it’s considered a contested divorce, and the assistance of lawyers or mediators will be necessary.

Summary divorce is available when the couple does not have children, nor any shared assets or debts. This isn’t the same as an uncontested divorce, and it is only available in some states. Default divorce, in contrast, is when one of the partners fails to respond to the other partner’s petition for divorce. Default divorce can be granted when the other partner cannot be located.

Divorces can be painful on many levels, which is why it’s important to get a lawyer you trust. If you’re looking for divorce advice in Lubbock, TX from an experienced attorney, call the Law Office of Rob Biggers. We’ll work hard to protect what you can’t afford to lose.

**This Blog/Website is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog/website you understand that there is no attorney-client relationship between you and the Blog/Website publisher. The Blog/Website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.**

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