Understanding the Details of a Separation

Did you know that getting separated is much different from a divorce? It could be that you are separated now but you haven’t made this public yet. You don’t have to, but in some cases you may want to file a legal separation. When dealing with family law there are two different definitions for “separation” and “legal separation”. When you file for a legal separation you actually get a change in your marital status. Couples that choose to separate on their own terms are still considered married and neither party has legal grounds to take action for anything.

The Difference Between Legal Separation and Divorce

When you get a divorce this means that there is an end to your marriage. When a legal separation or a divorce has been filed it can lead to dividing up the assets. The courts will also help you sort out custody issues with your children as well as any other issues regarding your finances or your property. The one major difference during the divorce is that you and your spouse are still married until a divorce is filed and has been made final. Matters such as social security or other financial payouts would still be paid out to the eligible party during the legal separation. The same rule applies to the rule regarding your residence. You must file your separation in the state in which you live.

Other Matters Regarding Legal Separation

When a legal separation has been filed and taxes are in the process of being filed, then the IRS will have rules for this. Generally when filing taxes, the status of the filing is the same as your marital status. This means that the IRS will determine how you file when a legal separation has been filed. It is best that you have a lawyer in your corner. Your separation or divorce will involve important and specific details. If you have more questions regarding filing a legal separation or a divorce you should consult with a family or divorce lawyer as soon as possible.

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