Thursday, September 19, 2019

Legal Separation Vs Divorce: One To Choose


January 23, 2010  

A break is sometimes what couples need when having a difficult time in their marriage. A break does not necessarily mean a divorce; it could just mean a legal separation. There are alternative options to just getting a divorce. Divorce is not always the solution or answer to marital problems. Knowing the difference and choosing which one is better is going to be better than jumping into something that has not been well thought out. Legal separation vs divorce is what someone having marital problems needs to be knowledgeable about.

Legal separation is very similar to divorce, with the operative word being similar. In a legal separation the parties involved are still married however they are not living together and like with divorce, property, assets and child custody has been divided. Legal separation is not permanent like divorce is. A legal separation can be reversed at any time without hassle or complications.

Many people do not realize a legal separation and separation are different from each other. A legal separation has been filed through the courts and is official. A separation is not filed through the courts and is mainly for couples who need some time apart to decide what is best for them. Much like a legal separation the couple is living apart however, there has been no official division of assets or property and there is no child custody agreement in place.

A legal separation is mainly different from a divorce in the fact that the couple is still legally married. There are benefits to a legal separation instead of immediately filing for a divorce. A divorce terminates the marriage and any and all joint interest the couple may share. A legal separation does not terminate the interest however it does divide the interest. Another benefit of a legal separation is the couple can still take advantage of the tax advantages of being married, they can also continue with joint insurance coverage.

Many people now days do not even realize there are alternative options to getting a divorce, they just dive right into it without checking or weighing their options. If more people researched their options the statistics of 50% of first marriages failing could possibly be reduced. It is really quit sad to think so many marriages actually fail.

You may just need some breathing room to decide what it is you really what to do in regards to your marriage. Jumping into a divorce is not always the smart thing to do. Remember there are additional options like a legal separation that would not be a drastic as a divorce. Divorce is permanent and a legal separation can be reversed at any time with no strings or complications.

Legal separation and divorce can be costly and with both having to be filed in the courts it is recommended that an attorney be obtained. There are do it yourself guides but not knowing all the legal ramifications and jargon could be detrimental in affording you the best settlements. The reasons for a divorce have to be approved by a judge whereas a legal separation does not have to have reasoning. An attorney is better suited in defining a reason that would be acceptable to a judge.

There are probably many of us that have thought about divorce at some point in time, whether it be just wondering about it or contemplating about filing for one. Before you decide what you are going to do make sure you know what all the options are. Divorce is not something that should be taken lightly; it is a very serious matter and needs to be examined before making a decision.

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