[ajsaidha]

Hi All,

I want to know the actual difference between legal separation and divorce.
I want to act quickly and still not able to figure out which opiton would be best suited for me as well as my daughter, since she is still away in foster care. I hope to get her back soon.

I also would like to know that does a divorce normally follows after legal separation? And also If I apply for a judicial separation, then as a respondent can my husband apply for a divorce in the same proceedings?

Please advice me as soon as possible.

I will really appreciate any quick replies.

[Fr_Chuck]

Yes divorce normally follows legal separation, and yes he is free to file for divorce also.

[ScottGem]

First, ANY question on law needs to include your general locale as laws vary by area. Not all areas allow a legal separation.

Separation (where allowed), is generally a prelude to a divorce. It establishes custody and support issues pending a final divorce settlement.

It also makes it legal to become involved with other partners.

But my main concern is that your children have been placed in the foster system. This indicates to me that there are issues that need to be resolved before they can be returned. So I would consult with your caseworker about whether filing for separation or divorce is necessary.

And as Chuck said, he can certainly counter file for divorce.

[AK lawyer]

...
It also makes it legal to become involved with other partners.
....

Oh? So if a legally separated wife has sex with another man she is not technically guilty of adultery? I didn't know that.

http://en.wikipedia.org/wiki/Legal_separation

[ajsaidha]

Thanks Chuck and Ak lawyer for your valuable advices.
I live in london, uk. I got married and came here in dec, 2009
I've had a history of domestic violence in all my relationships, which is been reported again and again to the police.
My daughter got injured in feb, 2012 and then I stayed with her in the hospital for about a month.
I have been told by social services and children's guardian long time ago to consider for a final separation.
Now, if he files for a divorce after my application for legal separation, is it going to look bad on me, as I am not willing to initiate for a divorce, since this is our third marriage.
He has already got a 10 year old daughter from a previous marriage. I have only got one child who's been taken away to foster care, because of her unexplained injury in her right thigh in March this year.
The 10 day fact finding hearing for child's case is coming up in October this year.
As I have again and again given this man chance and gone back to him after history of domestic violence, so social services and the court would probably want a permanent proof that I'm not going back to my abusive husband anytime in my life.
So now I have finally decided to go for a permanent legal separation, rather than a divorce, as it is me and my husband's third marriage. I tried my best to save this marriage, but now I want to do everything whatever it takes to get my daughter back.
If divorce is mandatory after a legal separation, then I should apply for a divorce at the first chance.

[AK lawyer]

...
If divorce is mandatory after a legal separation, then i should apply for a divorce at the first chance.

I don't believe it's mandatory. Someone might want to check particular British law on the subject but, in general, it is not.

[ajsaidha]

Thank you Ak Lawyer, you have solved my problem. I will confirm it with my solicitor and then take further action.