Legal separation and divorce serve the same purpose — to create space (both legally and physically) between you and your partner. Both legal arrangements result in separation of finances and living arrangements.
If your marriage has become untenable, you may wonder about divorce vs. official farewell and which option is right for you. In this article, we’ll explore the divorce process and whether divorce or separation might be the most suitable choice for you.
What is Legal Separation?
What is legal separation? Legal agreements are often less understood by the general public than divorce. Legal separation allows couples to remain legally married while living totally separate lives.
While not as final as divorce, legal separation is a significant legal step.
You cannot just say you are legally separated. Legal separation requires a court-approved document signed by both parties. Legal documents normally spell out how property, child care, and spousal support will be handled.
Many couples start with a legal separation as they deal with the signs of divorce. The rule of law can lead to unlimited divorce, reunification or legal separation. At any time during the separation, the agreement can be changed as needed.
What Is Divorce?
Divorce also results in separation. The most significant aspect of divorce is the legal dissolution of marriage, which can’t be annulled.
Divorce is mostly more complicated than separation. Each state will have specific guidelines for how a divorce can be filed.
Most states have necessary waiting periods that both parties must adhere to. California, for example, has six months waiting period.
A typical divorce involves one party making a proposal. The proposal normally outlines how property is split, spousal support (if applicable), and child support provisions. The other party then reviews the proposal and accepts or rejects that part of the agreement.
Negotiations forward and backward can take weeks or months. Ideally, both parties will reach an agreement before the waiting period ends. If both parties conform to the final terms of the divorce, the judge can sign off on the agreed order at the end of the waiting period.
Often, one or both parties end up opposing the divorce. In that situation, the judge or lawyer uses binding mediation or court proceedings to settle the divorce.
Benefits of Legal Separation
Common marital issues that can be resolved are best handled through legal separation. The most significant benefit of legal separation is maintaining marital status, which frequently comes with significant tax benefits.
If both parties decide that reunification is better than divorce, legal separation allows for a simple process of getting back together.
Legal separation is also ideal for couples who wish to remain married for religious reasons. Some couples may decide that the relationship is unsustainable but they still want to stay married on the basis of religion. In those situations, legal separation may allow both parties to live independently while maintaining their marital status.
Other reasons couples may choose legal separation include the following common situations:
- One or both parties want to enjoy the tax-related benefits of marriage
- Neither party is 100% sure that they want to end the marriage
- One of the parties wants to maintain medical health insurance benefits that require marriage
- Husband or wife wishing to attain the 10 year marriage requirement for social security or military benefits
Divorce is final. Legal separation allows more flexibility for couples who wish to live independently but retain the benefits of marriage.
Divorce Benefits
There are a number of reasons why marriage may no longer be viable. Divorce is taken into account a last resort when marriage no longer fulfills the interests and goals of the couple.
While the decision to divorce can be emotionally difficult, it can open up the chance for both parties to live more fully and happily apart.
While legal separation offers some level of resolution, divorce offers a level of finality that enables both parties to move on with their lives. Once the divorce is finalized, either partner can legally remarry.
Divorce may be the ideal choice when:
- There is no financial incentive to stay married
- Marriage can no longer be maintained
- One or both parties want to remarry someone else
- Legal separation doesn’t offer enough closure
- Both parties want to make financial and medical decisions independently
Divorce is final, meaning there isn’t any way to reverse the decision once the judge has signed off on the order. If you are considering exploring the chance of getting a divorce, the first step is to speak with a qualified person divorce lawyer.
Which Option Is Right for Me?
The decision to seek legal separation or divorce is a really personal choice. No decision should be made in haste. Talking to trusted friends, relatives, and members of your faith-based community can help you find options that are right for you and your ex.
In general, legal separations serve ex-spouses who have reasons to maintain their marital status. This may be for religious, financial, or personal reasons. Divorce caters to both parties when neither party has the reason or desire to stay married.
Know the Basics of Divorce vs. Legal Separation
If you are considering divorce vs. official breakup, you are not alone. About 75,000 Texas couples get divorced every year. Although emotionally difficult, the decision can lead to brighter possibilities for both parties involved.
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