Difference between being Separated and being Divorced


Difference between being Separated and being Divorced

Simply speaking, being divorced means that the court officially ended your marriage. This means that you may marry again if you wish. Only legally married couples can divorce.
 
Being separated means you have made the decision to live apart from one another (sometimes within the same home) because the relationship has broken down. Both married couples and common law couples can be considered “separated”.
 
You do not need to go through a legal process or get documentation to legally separate. If you are married, and wish to divorce, you need to go through a process and the courts will grant you a divorce (as long as the courts wishes are met).
 
With that being said, when couples separate there are typically looking to discuss important issues such as:
– Property Division
– Co-parenting (residency for the children, custody, schedule etc.)
– Spousal and Child Support Calculations
– Life Insurance
– Medical and Dental Benefits
 
During the mediation process, these are some of the topics we discuss. We help guide the couple towards making decisions they both feel comfortable with. When decisions have been made, the terms get written into a Separation Agreement.
 
A Separation Agreement is a legally binding document which outlines the terms of your separation. This is a very important document to have. Having a Separation Agreement does not legally end your marriage, you will have to apply for divorce in order to do that.
 
If you have any additional questions, please do not hesitate to contact us at 905-552-9515.

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