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If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
Divorce. Without family violence and the potential for additional family violence, the only remaining method to get your spouse out of the house is to file a Petition for Divorce and request that the Court issue temporary orders providing that your spouse vacate the residence.
While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart.
Disadvantages of Legal Separation Legal separation typically does not entitle you to your spouses assets, whereas a divorce would force a division of current assets. Cant Remarry: You may heal and be ready for a future relationship given enough time. A legally separated person cannot marry a new person in the U.S.
Its a Faster Decision The court decisions made in a legal separation are made almost immediately, while the details of a divorce can be drawn out for months or even years. The decisions made may not be ideal for either person, but it does provide a vantage point so that each person can move forward.
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Desertion is a ground for divorce in states with fault divorce. In the context of divorce, cases such as this one from Virginia explain that Desertion occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.
Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties separation. It is not required for a divorce in North Carolina, and it doesnt make a divorce in North Carolina easier or more difficult to obtain.
In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency.
The biggest difference between separation and divorce is that a separation leaves a marriage legally intact while a divorce terminates the marriage. Divorce is permanent, and a divorce order is extremely difficult to appeal.
An Illinois marital settlement agreement is a contract that lays out how a married couple intends to manage their child care responsibilities and divide marital property after a divorce.

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