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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-02-2008, 04:31 PM
dickstacie dickstacie is offline
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Default Getting divorced after 3 years of being separated

I was wondering what the difference is between divorce and being separated. I know the obvious, but since we have all our issues hammered out and everything is now fine, what is the procedure to finalize the divorce. Will all the orders we have in our separation agreement have to be dealt with again when we go for divorce? After you get a divorce, can you go back and change things like you can with a separation agreement? I would like to know the difference before persueing a divorce. Any help would be greatly appreciated.
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Old 04-02-2008, 05:04 PM
jlalex jlalex is offline
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My understanding is that there isn't much difference. Getting a divorce simply allows you to re-marry.

When we finalized our divorce it referenced the seperation agreement we already had in place. Nothing else changed.
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Old 04-02-2008, 08:31 PM
dickstacie dickstacie is offline
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thanks so much!
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Old 04-03-2008, 10:10 AM
logicalvelocity logicalvelocity is offline
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Divorce is a complete severance from one another. IE: If the parties were separated from one another and one spouse passed away and the Divorce was yet to be granted; the remaining spouse could bring forth claims against their deceased spouse's estate.
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Old 04-03-2008, 10:20 AM
paris paris is offline
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Divorce will also settle any issues that were not settled in the separation agreement.

My spouse's separation agreement dealt with custody. It also said she would live in the house with the kids, and get SS in the form of bill payments for a period of time.

At some point she moved, and we took the house and fixed it up. We sold it and split the profit with her.

When he filed for divorce after 10 years, she wasn't able to get any of his company pension. I guess she was supposed to ask for that within 7 years.

The original separation agreement stands as far as custody goes. Although there is only one child now instead of 2, and the house isn't relative any more.
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