Legal Separation vs. Divorce: What Is Better for You?
Sometimes problems arise between spouses that cause one or both of them to distance themselves from each other. But no matter how hard it gets, leaving your spouse is the hardest thing you can do. But in some instances, spouses feel relieved to have parted ways.
Determining between a divorce and a legal separation can be immensely confusing, not to mention challenging. Therefore, you need to weigh both options and find out which will be more mutually beneficial.
You may already know about the process of divorce. But in case you don’t, divorce the end of a marriage.
However, it’s not as simple as that. You have to go through a complicated and lengthy process. You may need to fight your spouse on child support, alimony, child custody, division of marital assets, debts, and other things. It can get really messy, and you could end up losing a lot to your spouse. Sometimes, it seems unfair because they got a better lawyer.
Legal separations are not that different from divorce. It creates a clear and essential division in the lives of the spouses. Child custody, debts, division of marital assets, alimony, and many other things are decided as well.
The only difference is, you will still be legally married to your partner. You are not free to remarry, and you still have to mark married on forms.
Whether you decide on divorce or legal separation, you need to find an excellent attorney to handle everything.
Why Do Some People Prefer Legal Separation?
Many spouses decide to go for the legal separation option and get an attorney to draft a separation agreement. Mostly, spouses choose legal separation because there is still something between them. They don’t want the marriage to end. Instead, they simply need some time to figure things out.
However, there are other reasons for legal separation as well. These are:
- Divorce is against your’s or your spouse’s morals or religious beliefs
- You or your spouse will continue to receive insurance benefits by staying married
- One of the spouses is about to be eligible for government benefits
- You or your spouse want to leave everything for the other when one dies
- You and your spouse are getting a tax benefit by remaining married
- You or your spouse don’t want to deal with the complications of getting a divorce
If you’re thinking that staying married but being legally separated can have certain benefits, it may be useful to consult a family lawyer like Matrimonial Home. Sometimes, benefits like insurance or social security can exclude legally separated spouses from being eligible.
Legal Separation to Get a Divorce
In several states, you or your spouse can’t directly file for divorce. There could be a waiting period, usually of six months to a year, before you can get a divorce. Also, you need to legally separate for that waiting period to begin.
In some states, getting a legal separation can automatically lead to a divorce. You take care of all the issues in a separation agreement, and nothing is left to resolve. In that case, the legal separation can automatically convert into a divorce after a certain period.
Before Getting Legally Separated
If you’re thinking about legal separation, it may be useful to go through a trial period first. It basically is living apart in the conditions that will be set out in a separation agreement. It will allow you to see if legal separation is what you really want or if divorce is a better option.
Also, find out whether or not your state offers legal separation as an option.