Separating and Getting Divorced: Difference between revisions
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The rules about separation and divorce are fairly straightforward, despite some fairly common misunderstandings. | The rules about separation and divorce are fairly straightforward, despite some fairly common misunderstandings. | ||
Separation simply means making the decision that a relationship has broken down. You don't have to move out to separate, you just have to tell your spouse that things have come to an end and that you'd like to end the relationship. | Separation simply means making the decision that a relationship has broken down. You don't have to move out to separate, you just have to tell your spouse that things have come to an end and that you'd like to end the relationship, and then act on that decision. | ||
Divorce is the legal termination of a married relationship. A divorce requires an order of the court ending the marriage; a couple that has been separated for a dozen years are still married, and they'll remain married until they get a court order for their divorce. Unmarried spouses do not need to get divorced; their relationships are over when they separate. | Divorce is the legal termination of a married relationship. A divorce requires an order of the court ending the marriage; a couple that has been separated for a dozen years are still married, and they'll remain married until they get a court order for their divorce. Unmarried spouses do not need to get divorced; their relationships are over when they separate. Unmarried spouses don't need to get divorced; their relationships are over when they separate. | ||
===Separation=== | ===Separation=== | ||
Separation is simple: the parties must simply start living "separate and apart" from one another, whether under the same roof or in separate homes. Contrary to popular opinion, you do not need to see a lawyer or file some sort of court document to obtain a separation. You just need to call it quits | Separation is simple: the parties must simply start living "separate and apart" from one another, whether under the same roof or in separate homes. Contrary to popular opinion, you do not need to see a lawyer or file some sort of court document to obtain a separation. You just need to call it quits, tell the other spouse that it's over, and take whatever steps are necessary to put an end to the partnership qualities of your relationship. | ||
For married couples, separation signals the breakdown of their relationship but does not release them from the bonds of their marriage. For unmarried couples, including common-law couples, separation is all that's required to end the relationship. | For married couples, separation signals the breakdown of their relationship but does not release them from the bonds of their marriage. For unmarried couples, including common-law couples, separation is all that's required to end the relationship. | ||