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Divorce vs Legal Separation: What You Need to Know About Custody and Support

Edward Gates by Edward Gates
September 28, 2024
Divorce vs Legal Separation
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It can be hard to figure out the difference between divorce vs legal separation. Every choice changes family life in its way.

It’s important to know how the custody arrangements are different in each case. When making your choice, you should also think about how much financial support you will need.

The goal of this blog is to make these important differences clearer. When we talk about “divorce vs. legal separation,” we give you expert advice. Read on to learn how to plan the best future for your family. Automatic divorce after a long separation occurs in some jurisdictions, where the law allows a marriage to be legally dissolved without court action after a specified period of separation.

Understanding Divorce and Legal Separation

When a marriage has problems, couples might think about divorce or legal separation. Though they sound similar, they are different.

Divorce ends the marriage, so both people can get married again if they want. Legal separation means the couple can live apart and make their own choices about money and kids, but they are still married.

What is Child Custody?

Child custody says who gets to live with the child and make important life choices for them. Who has physical custody of a child decides where the child will live. Who has legal custody is the person who can make decisions about the child’s education, health care, and general well-being.

Differences in Custody Arrangements

In both divorce and legal separation, custody arrangements can be similar. However, the legal framework might vary slightly from state to state.

During a divorce, the court issues a final custody order as part of the divorce decree. For legal separations, the custody agreement can be temporary or permanent, but it does not end the marriage.

Child Support Considerations

When parents decide to divorce or separate, they need to think about child support. The state usually decides how much money is needed based on things like income, the child’s needs, and how much time each parent spends with the child.

Alimony and Spousal Support

Besides child support, spousal support or alimony might be important to think about. In a divorce, one spouse may get alimony to help keep a similar lifestyle after the split.

The Alimony can be temporary or permanent, depending on the situation. In a legal separation, spousal support can also be given, but it isn’t final and can change if the couple decides to divorce later.

Making the Decision

Deciding between divorce and legal separation is a very personal choice and depends on your situation. Some people choose legal separation because of their religion or money reasons. Others use it to see if they want a divorce.

Seek Professional Guidance

Going through a divorce process or legal separation can be tough, especially if you have kids. Talking to a family law attorney can help you understand your options and feel more at ease. If you are considering your options, finding a reputable law office in Tempe could be an invaluable step toward ensuring your and your children’s future stability and well-being.

Divorce vs Legal Separation Weighing Your Options

When making choices about your future, it’s important to know the differences between divorce vs legal separation. There are pros and cons to both choices.

Talking to a family law expert can give you a lot of useful information. Keep in mind that the best choice for you will depend on your specific situation.

Think about how the differences in support, custody, and personal goals affect each other. Making decisions based on good information will help the transition go more smoothly for you and your family.

Did you like this guide? Great! Please browse our website for more!

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Edward Gates

Edward Gates

Edward “Eddie” Gates is a retired corporate attorney. When Eddie is not contributing to the American Justice System blog, he can be found on the lake fishing, or traveling with Betty, his wife of 20 years.

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