“Should I divorce my spouse or just enter a legal separation with them?” This is one of the most often asked questions Marrison Family Law receives. It’s a rather complicated question, too. Both divorce and legal separation have their benefits. But their key difference is that doing the latter means you’re still married to your spouse. If you’re considering whether to do the former or the latter, Marrison Family Law is here to help you out by weighing in on both concepts.
Divorce: The end-all of marriage.
According to Marrison Family Law, the benefit of divorce is that your marriage to your spouse is completely ended. Depending on how the divorce proceedings go—and if there are prenuptial agreements to consider—you may be left with a few properties and your child’s custody; maybe some, maybe nothing at all. Divorce is also something to consider if you see that your relationship with your spouse will not heal regardless of time spent apart.
However, when divorce proceedings don’t have an agreement between the two parties, it can get delayed and prolonged, says Marrison Family Law. This is especially difficult when it comes to property distribution or child custody. The longer divorce proceedings get, the more expensive and difficult it becomes.
Legal Separation: Beyond a trial separation.
Some couples undergo trial separation, according to Marrison Family Law. This means they’re spending time apart to get their relationship back on track. When the time apart needs to be longer than expected, but both parties refuse to get divorced, it’s better to apply for a legal separation instead. To put legal separation in simple terms, it’s like divorce but not. Some terms and conditions are similar to divorces, such as child support and alimony. But legal separation means you remain married to your spouse.
There are a lot of benefits to undergoing legal separation. Firstly, if you’re a religious person, and divorce is bad in the eyes of your faith, then legal separation is the advisable way to go, says Marrison Family Law. On some cases, you may be still a part of your spouse’s healthcare plan. However, you should still read the fine print of said medical plan.
There’s also the legal statutes of your corresponding states to consider, Marrison Family Law said. Some states want couples to undergo legal separation first before entering divorce. Some acknowledge legal separation but is not necessary for divorce proceedings to happen. And some don’t recognize much at all. Knowing what your state’s stand on legal separation will help you should you seek for it.
Both divorce and legal separation have their advantages and disadvantages. But the most important thing about it is to proceed with what will make all parties benefit. If both parties need the marriage to be dissolved truly, then divorce is the answer. If they believe there’s still a chance for amends to be made, then legal separation should be the choice. Either way, attorneys at Marrison Family Law are here to help couples undergo divorce and legal separation proceedings smoothly.