Legal Separation Vs. Divorce in Arkansas
USINFO | 2013-07-31 11:22
A couple may decide to begin legal separation if they do not want to live together but are unsure whether they want to be divorced. A divorce is a full legal dissolution of the marriage.
Other terms
• Legal separation is sometimes referred to as separate maintenance or a divorce from bed and board. These actions can establish certain property divisions, custody, etc., but do not grant a full legal divorce.
Protections
• Legal separation can offer protection regarding debt incurred by one's spouse, child support, tax liability or custody of children. You may choose to hold a temporary hearing to establish these protections.
Effect on Divorce Petition
• If a couple has been separated, that is, living apart for 18 consecutive months, the court will grant a divorce at either party's suit. Whether the separation occurred mutually or because of one party's action will not affect the decision.
Disambiguation
• You may hear the term "legal separation" used to describe couples choosing not to live together who have held temporary hearings or were granted a divorce from bed and board. You may also hear the term used to describe those who are not living together, but have not yet decided to file for divorce.
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