Legal Separation vs. Divorce
A legal separation is not a divorce. Many couples opt for a legal separation if they want to live apart but do not want to completely end their marriage. The primary difference between a legal separation and a divorce is that in a legal separation, you still remain married but in a divorce, the marriage is terminated. Also, in case of a legal separation, the two parties remain legally married and cannot remarry. But if they divorce, both partners are free to remarry once their divorce is finalized.
Why Some Choose Legal Separation?
Choosing legal separation is a matter of personal choice or preference. There are some couples who decide to go their separate ways because of religious beliefs or due to health insurance concerns. There are others who separate because they are moving to a different county or state. While these couples choose to live apart, they do not necessarily want to terminate their marriage at that point in time.
How Does One Apply for Legal Separation?
If you live in Oceanside, California and are thinking of separating from your spouse, you will have to:
• File a petition for legal separation
• Take decisions with your partner regarding child custody, child support, alimony, and property division
•
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There is another legal method through which a marriage can be terminated. It is called an annulment. An annulment is a decree that clearly states that the marriage was never valid. If you go for an annulment, it will be as if there had never been a marriage at all. However, everybody doesn't qualify for an annulment. You need a valid reason to claim that the marriage is void. For example, if the consent to marriage was obtained either through fraud or coercion or if the marriage occurred solely to obtain a green card or citizenship or if there was some form of misrepresentation, these could be grounds for an
Which marriages meet the requirements for dissolution is defined by legal standards. Over the last 200 years, the grounds for divorce in Western societies have expanded. These expansions have made divorce more accessible. Although the divorce rate has increased, there is not a clear link between the accessibility and this increase. Other key influences effecting divorce rates include economic, social, cultural, demographic and institutional factors.
Often times there are couples that get married but have chosen not to stay with one another because of a difference in opinion, this is called divorce.
Sociologically speaking divorce from structural functionalism point of view is seen as a failure of society as compared to individual faults. The view has a macroscopic lens that sees that society should provide adequate education and guidelines to couples making their marriages suc-cessful. This can be done by effectively communicating with each other, creating harmony and consistency among partners. Symbolic/social interactionism view divorce as an individual deci-sion by two people influenced by their social habits and environment. The view is of microscopic nature because all it comes down to is choices made by an individual deriving from their interac-tions in the society. In most societies divorce is an expensive procedure as it involves
In my mind I thought a couple went to a lawyer and came out divorced, simple as that. I had no idea of the different verities of divorces, for instance a no-fault divorce or a collaborative divorce. Also, the fact that in most states they require that a couple considering divorce go through a separation period, to make sure that they want to be divorced. This unit answered a lot of questions I had as a child. I think the divorce process is handled very well, in a manner that gives couples options on how to approach a life changing event, so that I can be handed as smoothly as possible and both can be
First of all, it's important to know that there are specific legal grounds for a divorce. A couple cannot get divorced for just any reason-they must cite appropriate legal grounds as based on California divorce law.
with one stroke of the pen on a divorce petition. Under federal law, spouses filing a
For example, if your partner cheated on you and had an affair, this cannot be cited as grounds for divorce. In the majority of cases, the only acceptable grounds for divorce in Oceanside, CA are irreconcilable differences. Filing under irreconcilable differences simply means that there is a zero chance that the couple will be able to work out their differences and save their marriage. In addition, under California divorce laws, you can also request for dissolution of marriage if one the parties are deemed incapable of making legal decisions.
Marriage is supposed to be the best time that couples get to enjoy each other’s company. Unfortunately, not all marriages are meant to be and getting a divorce may be the best option for the spouses. Divorce does not only mean the dissolution of marriage. It also involves property division, child custody, child support and in some cases spousal support also referred to as alimony.
Not all marriages in Texas are the happily ever after that people were hoping for. For any number of reasons, couples may decide that they no longer want to be married, and make the decision to get a divorce. However, there is more to the process than some people know. In order to help prepare themselves, it behooves those who are considering a divorce to understand the elements that are involved with such cases.
Whenever, you feel like your marriage have been struggling to get along, then divorce is the only option left out for the well being of all. Rather than carrying out your fight on for a lengthy amount of time, simply getting separated will be a great decision. The book of Maryland Family Law explicates that marriages are the civil contract entered into by two parties. If due to some personal unavoidable circumstances forces couple to end their marriage completely, it is termed as divorce.
you to divorce and marry again but the situation currently requires you to break up with the
Children. If you have young children that are still living at home, your divorce will be highly emotional for them. Being forced to move away from their home can add to their stress and the upheaval they are facing.
However, if one of the individuals in the marriage is resisting the divorce, or situations are complex, such as children being involved, then divorces can take a long time to finalize and can become extremely messy affairs. The constant arguing, disagreements, snide comments and hateful words that occur during this time frame, which most likely started before the topic of divorce was even brought up, can take a toll on not just the two individuals whose marriage is ending, but everyone else who is involved, no matter how little their involvement is.
Divorce is the suspension of the marital coalition under the terms legally summoned by the court. The couple is then set free of their obligations towards each to other
Sometimes divorce may be the only way to solve the various problems a family may have.