What is Legal Separation?
Legal separation is a formal process where a married couple decides to live apart while remaining legally married. During this time, they'll work out many of the same issues that come up in a divorce, like dividing property, figuring out child custody, and settling on support payments.
The main difference? At the end of the day, you're still married. This means you can't remarry, and in some cases, you might still be entitled to certain benefits from your spouse, like health insurance or social security.
Why Choose Legal Separation?
There are several reasons why couples might opt for legal separation instead of diving straight into divorce:
Religious Beliefs: Some religions frown upon divorce, so legal separation can be a way to live apart while honoring those beliefs.
Hope for Reconciliation: If you're not sure you want to end the marriage permanently, separation gives you time to work on your relationship.
Trial Period: It can serve as a "test run" for divorce, helping you understand what life might be like if you do decide to end the marriage.
What is Divorce?
Divorce, on the other hand, is the legal dissolution of a marriage. It's the final step in ending a marriage, and once it's done, both parties are free to remarry if they choose.
Why Choose Divorce?
People choose divorce for various reasons:
Certainty: If you're sure the marriage is over, divorce provides a clean break and allows both parties to move on.
Desire to Remarry: If either party wants to marry someone else, divorce is necessary.
Legal Clarity: Divorce clearly defines legal rights and responsibilities, which can be helpful in moving forward.
Key Differences between Legal Separation and Divorce
In a legal separation, you're still married. In a divorce, the marriage is officially over. You also can't remarry if you're legally separated, but you can after a divorce.
In some states, property and debt acquired after separation are still considered marital property. In divorce, the cut-off is usually the date of separation or divorce filing.
Making the Decision
Choosing between legal separation and divorce is a big decision. That's why you will need to get professional advice. Family law attorneys can explain how each option might play out in your specific situation, helping you make an informed decision.
What works for one couple might not work for another. Take your time, consider your options carefully, and don't be afraid to seek help from professionals or support from friends and family.
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