Many people think of separation as a stop on the road to divorce. In the case of a trial separation, this may be true. Anyone can physically separate at any time without getting the court involved, and sometimes this separation is the first step. However, a legal separation and divorce are much more similar, and sometimes one is better than the other depending on your situation.
The key difference between a legal separation and a divorce is that a divorce is the legal end to the marriage. You are free to remarry, and until that point, you are single. A legal separation means that you are legally still married. You cannot remarry, you must mark that you are married on any documents. A legal separation is reversible in the case of reconciliation. A divorce is final. In the case of reconciliation, you would have to remarry each other.
Both a legal separation and divorce, however, legally create a division between you and your spouse. You live separately, separate your finances, and create arrangements for child custody, child support, spousal support, and division of marital assets. All these separations are legal and enforced by the court system, and there are legal fees involved.
In some situations, a legal separation is the better choice for the couple involved. Some couples start with a legal separation because it feels easier for their children. There may be religious beliefs that preclude divorce, and a legal separation can allow the couple to remain officially married while living separate lives. A legal separation allows both spouses to remain on the same healthcare plan, and spouses would be entitled to certain benefits, such as military benefits, social security, or pensions. Depending on the financial details, tax filing may be a consideration. And of course, because legal separation leaves the door open for reconciliation, it may allow both spouses to resolve the differences and resume their marriage, or to settle on divorce and officially end the marriage. Either way, it allows the separation to happen while these things are worked out.
Both legal separation and divorce are legal matters. There will be conversations about spousal support, parental rights, property division, and many other matters to untangle. Without using a divorce lawyer, both a legal separation and divorce can quickly become overwhelming. If you are using a divorce lawyer, the attorney’s expertise will move you through the process. Because so much advice your attorney will give you depends on your unique situation, it is imperative that you are open and truthful with your attorney. Your divorce lawyer is on your side and their interest is your satisfaction. Having the full picture can help your attorney to decide if a legal separation or a divorce is better for you and will help you.
When your marriage is falling apart, it can be difficult to separate the emotions from the practical, and that’s where a divorce lawyer can help you find the right solution to move forward. If you’re experiencing this situation, contact my office today. You don’t have to figure things out on your own.