Legal Separation Vs. Divorce

Coming to an understanding that your marriage is no longer working out the way you thought it would is hard enough, but having to determine if you are going to file for legal separation vs divorce is even harder.  It is imperative that you understand what the difference is between the two options.  A lot of people are not aware that there is a difference between the two, which is why we are here to help you make the most educated decision possible.  Let our attorneys help guide you along the way to making the most out of a bad situation.

One of the major differences between legal separation vs divorce is that a divorce is terminating the relationship on a permanent basis.  Once the divorce is final both parties will be able to marry whomever they choose.  There are no longer any legal ties between the original parties, so you can do whatever you choose without having to worry about any conflicting legal issues.  However, a legal separation allows both parties to go their own way without having to terminate the marriage.  This also means that neither party is allowed to remarry until after a divorce has been approved.

Should You File For a Legal Separation?

Another thing to consider when you file for legal separation vs divorce are any of the concerns such as child custody and support, property division and alimony are all handled in the same way they would be if you were to file for divorce.  In a lot of states, legal separation can be changed into divorce as long as one of the parties puts in the request for it.

Essentially, there are multiple forms of separation.  Legal separation protects both parties while the couple determines what path they are going to choose for their separation.  A court order will need to be put into place to protect both parties involved.  Most of the couples will end up working things out and reconciling before ever reaching divorce status.

Consider the religious differences between a legal separation vs divorce to make sure you are following what you vowed to do.  If your religious beliefs do not allow you to file for divorce, we want to help you with all of the necessary paperwork to file for a legal separation.  This will provide you with the protection you see without having to commit to a divorce.

If you need more time to think before making a commitment one way or another, legal separation can help provide you with the time you need before making anything official.  Sometimes spending time away from each other can help you think about what you really want.  It helps to provide you with a clear outlook on the whole situation.  There are some states that require you to file for legal separation before they allow you to get divorced.

Regardless of what you are considering, we are here to help you overcome any obstacles that come along.  We are ready to help you take control of an already stressful situation.  Let one of our friendly lawyers discuss your case and help you come up with a decision on which way you want to proceed.


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