There are many interpretations of the 5-year separation rule between spouses in different states and countries. Here is everything you need to know about the 5-year separation rule and how it applies to couples who are trying to divorce and they should consult their divorce attorneys.
You Need To Agree To A Divorce
A lot of people are uneducated about the 5-year separation rule, how it works and whether or not couples are divorced afterward. You need to know the basic fact that a mere separation, also known as the husband and wife living separately because of some altercation or are trying to work things out on their own, doesn’t mean that they are divorced. A divorce is needed to be asked for and the legal teams need to be involved.
Separation Doesn’t Mean Divorce
You need to get the basic facts down first. A separation or estrangement is technically not a divorce. There are certain grounds on which a separation may lead to a divorce, but if the partners are separated because of some personal issue, which is not as aggravated and can cause irreconcilable differences then it is not a divorce. You need to appeal for a divorce and have your partner agree to it as well. Otherwise, it can be a messy trial and things can get complicated very quickly.
There Are A Lot Of Legal Processes Involved
The difference between separation and divorce is the inclusion of legal teams and lawyers. In a divorce, you need some sort of legalities involved. It doesn’t have to be a lawyer, but you still need to go to court for divorce and have papers and complaints registered, and have them served to the other party. In a separation, however, the partners are just living separately and trying to figure out the differences. Separation is something that both parties can try if they don’t want to jump straight into a divorce. A separation provides some breathing ground, where the husband and the wife can figure out their differences and quarrels.
Separation Is Still A Legal Marriage
It needs to be highly stressed that even if a couple is separated and not living together for a long time, it doesn’t mean that they are not married legally anymore. For a divorce to be finalized and defined between the parties, you need to sign some papers and make sure that both parties are on the same page, regarding the terms and conditions of the divorce. You cannot insinuate separation as a divorce, because it is not. A divorce involves a lot of paperwork and legalities and it needs to be registered in the court for it to be legit.
When Can You Apply For Divorce?
Now comes the part where people misconstrue separation for divorce. If both the husband and wife are separated on aggravated grounds and there is no turning back, or if one person is abusing the other and the abused person needs to be away from the abuser, then you can build a case around it for a divorce to be finalized.
There are certain grounds where separation can lead to a divorce, but it needs to be something that is irreversible and something which cannot be rectified through simply working things out between both parties.
When Does The 5-Year Rule Apply?
First of all, you can’t apply for divorce, until or unless you have been married for a certain period of time. For different countries, this can be some months or a whole year. Now, if you have passed this time limit and you both are living separately for 5 years because of irreconcilable differences and there are signs of abuse or trauma in the marriage, then you can contact your lawyer and have a divorce deed made, which will state all of the facts of this long separation.
There you have it! The short answer to this question is no, you can’t be divorced unless you sign actual divorce papers. The separation rule doesn’t mean that you and your spouse and not legally married anymore. Find cheap divorce lawyers Fairfax VA to know how to divorce during a separation period without breaking your bank.