Category : No-fault Divorce

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The Difference Between Legal Separation and Divorce

Legal separation and divorce, contrary to some thinking, are considered two separate things. However, many of the stipulations in legal separations, as well as the rights that one person has when entering legal separation, are comparable and similar to that of a divorce. Legal separation allows couples who may consider their marriage to be “failing” make a temporary arrangement of separation, while it is understood they will  continue to work out their problems, as they still remain legally married. Reconciliation is the goal in legal separation and can be issued, like divorce, through a court order.


In a sense, legal separation is a form of temporary divorce. While the word divorce implies a permanent separation, legal separation is meant to be temporary and does not automatically lead to divorce. Couples can reconcile, but if they wish to move on and get a divorce, they will have to go through the divorce process dictated by where they live.

The legal separation process and relief offered, however, is very similar to divorce; in some situations in can mirror the process of divorce. For example, a court can grant legal separations due to “irreconcilable differences leading to the breakdown of the marriage.”

Legal separation also can allow both parties to set provisions and guidelines concerning the following areas:

  1. Child Support
  2. Child Custody
  3. Visitation
  4. Division of Marital Property
  5. Spousal Support
  6. The Marital Home
  7. Health Insurance Benefits
  8. Life Insurance

The Difference

The lines can often be blurred when it comes to individual differences between legal separation and divorce. As stated, it’s more of an overarching difference meant to give marriages a chance to take a break in an attempt to solve their issues and move forward, rather than just having a black and white decision of marriage or divorce.  Some of the differences specified between legal separation and divorce will vary due to the state’s laws and jurisdiction when handling these kinds of cases.

Although MyDivorceDocuments does not provide legal separation papers, those who have tried legal separation and decided to move forward with a divorce can benefit from an inexpensive online divorce. Online divorce is meant to help couples who amicably understand their marriage is over and can agree to certain grounds to pursue an uncontested, no-fault divorce. To learn more about an online divorce or to get started on the divorce forms, visit today.

The Logic Fallacy Behind Iowa’s Divorce Bill

logical fallacy in Iowa divorce billIn the past month, the U.S. has seen some strange marriage and divorce legislative moves from various states. In early February, North Dakota revisited an old House Bill that would force parents to observe a 6 month waiting period and undergo counseling before finalizing the divorce. The bill had been introduced a year earlier, but it was rejected because it originally had a year waiting period.

Apparently the divorce reform is an infectious virus, and Iowa has got it bad.

Collaborative Divorce: Stuck Between Contested and Uncontested

78630844The availability of the collaborative divorce process is gaining steam as more states sign it into law. A less adversarial form of divorce, collaborative divorce still allows the couple to make all separation agreements without sitting, or heatedly standing, in a courtroom.

Although uncontested divorce is the most ideal case in which spouses can settle things peacefully on their own, a collaborative agreement involving two lawyers keeps the situation out of any court drama that often ensues during contested cases. Thankfully, a new collaborative divorce law was just passed in Washington, solidly making available a more peaceful divorce experience for all involved.

Terminology Lesson

Just so we’re all on the same page, here are definitions of most kinds of divorce:

Uncontested Divorce: A divorce in which the couple agrees on all allocations of marital property, child custody, child support, and/or alimony. Uncontested divorce essentially eliminats the need for lawyers or a judge in court. An uncontested divorce usually gives a no-fault grounds for divorce.

Contested Divorce: The opposite of uncontested, contested divorce means the couple cannot make a settlement agreement on their own due to disputes. Lawyers and a judge are needed to make the settlement for them. The process is longer and more expensive.

Mediated Divorce: A divorce where the couple hires a mediator, who is usually a divorce attorney trained in mediation, to help them settle allocations agreeably.

Collaborative Divorce: Similar to mediated divorce, except the couple hires two lawyers, one for each spouse, to help them come to an agreement and draft the divorce settlement.

Good News for Washington

Despite its effectiveness, the collaborative divorce option is only enacted in a few U.S. states. One state that just made it available and signed it into law is Washington, to the joy of many supporters.

Called the Uniform Collaborative Law Act, it enables couples to utilize mental health professionals and child specialists as well as lawyers to make the out-of-court option run even smoother. Child therapist Kristin Little remarks, “You’re helping people to be good parents through the divorce, so you’re actually preventing a lot of the damage that can occur during the divorce.”

Indeed, going through divorce is especially hard on children, who tend to be caught in the eye of the storm. “I have been doing family law litigation 25 years and court is no place for families,” says Washington based lawyer, Cynthia First. When disputes need to be resolved themselves, leaving them out of the court’s hands means less hassle and more peace.

Amicable Splitting

The best way to settle any conflict or disagreement is through reasonable compromise and speedy resolution. That kind of attitude and problem-solving leads to feelings of goodwill for the ex-spouse and life after divorce. Even though spouses often have serious disagreements over what will happen to their life’s possessions during divorce, they can find a way to temper them independently through options like collaborative divorce. The collaborative divorce process frees up more time and resources for the divorcee to focus on other things, like moving on.