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Difference between separation and divorce?

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  • Difference between separation and divorce?

    I'm going through a legal separation now, and planning on doing the divorce in a year, but I have a question.

    What will the divorce change or give me?

    Is it simply the end of the marriage, so that we can marry again?

    In the separation agreement, we will divide assets, set child custody and support and spousal support. So, I don't think there would be anything else to negotiate.

  • #2
    You're right in your thinking. The divorce is something that will cost you a few more hundred dollars and give you the piece of paper that allows you to remarry.

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    • #3
      a divorce is the final nail in the coffin of the marriage.

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      • #4
        Foredeck,
        The two replies to your thread are true - it also gives you closer on the situation and you can move on with your life with your children. Make sure that you take sometime for yourself and move on with your children - the most important thing is make sure that you find yourself and find your happy place.

        TheLegacy

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        • #5
          There is no such thing as a "legal separation" (as opposed to an illegal separation?) The law just calls it a separation. I really don't advise you to sign off on a simple separation agreement. You need a lawyer. Here is an example of why: suppose you listed your husband as your beneficiary on your life insurance policy (assume you have one). You could easily forget that term on your contract because who checks on life insurance policies during a divorce? A lot of people miss that. Let's say you re-marry and years from now you pass away. Your 2nd spouse will not get any of your life insurance. It will all go to your ex-husband because you forgot to change the name on your policy.
          There are all kinds of hidden concerns like that a lawyer can bring your attention to. A divorce is not just the ability to re-marry. Get a lawyer.

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          • #6
            This post is almost 2 years old.

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            • #7
              Originally posted by Oncebitten1 View Post
              There is no such thing as a "legal separation" (as opposed to an illegal separation?) The law just calls it a separation.
              This is a completely meaningless statement that has no value to anyone asking a question. The context of the original post was clear to any thinking person. There IS a distinction between someone who is separating (stated this to their spouse and moved out) and someone who is engaging in a legal process. Fordeck's question was relevent and his description was relevent to the answer he was seeking.

              What people commonly mean when they say "legal separation" is that they have or in are in the process of negotiating a "legal separation agreement". If you honestly don't get this, then you should stop trying to write about it.

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              • #8
                Originally posted by Mess View Post
                This is a completely meaningless statement that has no value to anyone asking a question. The context of the original post was clear to any thinking person. There IS a distinction between someone who is separating (stated this to their spouse and moved out) and someone who is engaging in a legal process. Fordeck's question was relevent and his description was relevent to the answer he was seeking.

                What people commonly mean when they say "legal separation" is that they have or in are in the process of negotiating a "legal separation agreement". If you honestly don't get this, then you should stop trying to write about it.
                How right you are.

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