1. What is the difference between divorce and legal separation? Legal separation often doesn’t solve a client’s problems and is usually just “marriage for convenience.” Legal separation merely relieves you of your obligation to live together as husband and wife. If you want to stay married for a while for a financial benefit, a religious reason, or to preserve health insurance, legal separation may make sense. Otherwise, divorce is probably where you’re headed if reconciliation isn’t an option.
2. What if we do not include an asset or debt in our division of property? If you’re just forgetful or you have an oversight, the agreement can be reopened to negotiate the forgotten item. If you are thinking about committing fraud, save your time because it will be held against you if you divorce.
3. Does the spouse who wants the divorce have to pay the filing fees? You won’t be denied a divorce because of an inability to pay, and you don’t have to worry that your spouse will get out of paying by saying he or she doesn’t want the divorce. Someone will have to advance the fees, but it’ll be shared equally after the divorce.
4. What if your spouse uses a more expensive lawyer than you do, dipping into marital funds to pay for the fees? All your funds since separation will be accounted for. You should get the lawyer you think will meet your needs, but you shouldn’t base your decision to conserve or splurge on what your ex is doing.
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