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Legal Separation Or Divorce? Which Is The Better Path To Take?

The number of Americans looking for a divorce between March and June was 34% more than the same period last year.

Most couples have been acting out of frustration following the effects of the ongoing pandemic.

A combination of financial challenges, illness, stress, and loved ones’ death has strained relationships.

Unfortunately, a significant percentage of these couples opting for divorce end up regretting.

Instead of a divorce, you might want to consider a legal separation to give you more time to think over the decision.

If you’re unsure whether to get a legal separation or divorce, this guide will give you more insights.

Legal Separation Or Divorce? Which Is The Better Path To Take?

Keep reading to know the path to take.

Divorce and separation are similar in many ways.

If you’re contemplating either, it would be best to understand each of these terms to help you make the right decision.

Divorce

Divorce refers to a marriage termination through a court judgment.

A judge usually gives a court decree to declare the marriage dissolved.

As such, the spouses are free and can marry again as they wish.

Divorce is often referred to in other terms, such as Dissolution of Marriage.

In other states, it is referred to as Matrimonial Action, Total Divorce, or Absolute Divorce.

Often, divorces are achieved when both parties are in agreement.

It allows the parties to go through the court system easily and quickly. You might not even require legal representation.

However, some people don’t agree on marriage and other issues such as the division of property. Such a case calls for legal representation in court. The legal system helps the couple to decide on conflicting issues.

Separation is simply living apart. You don’t have to file any court papers for separation.

However, legal separation is quite different as you have to adhere to the set-out rules.

Legal separation is a significant move, and you have to file a petition in your Family Division Court.

Like a divorce, a legal separation takes several months, and the cost is almost the same.

In fact, there are several similarities between a legal separation and a divorce.

Most of the people opting for legal separation usually consider their religious beliefs, while others hope to keep the family together, especially for their young children.

It doesn’t come as a surprise to have legally separated people staying in that state for years.

Whether you opt for legal separation or divorce, you’ll need to get a divorce attorney for guidance.

Both cases are quite overwhelming, and legal advice would go a long way.

The other types of separation are trial and permanent separation.

The trial separation is the period where partners require to take a break from the relationship.

During this separation, the rules biding a married couple still apply.

Permanent separation is when a couple lives apart without the intention to reconcile, while still not divorced.

If you are permanently separated, property rights between the partners are likely to change.

The spouse who has acquired the assets will remain the sole owner after this kind of separation.

If you want to file for divorce or legal separation, the court has to be involved.

In both cases, the court decides matters relating to the children, such as child custody and visitation.

There’s also separation maintenance, which is equivalent to child support and alimony.

Legal Separation Or Divorce? Which Is The Better Path To Take?

On property division, the couple’s situation and how it’s relation to the property matters.

This consideration is evident in both legal separation and divorce.

A divorce and a legal separation have stack differences.

You might need a lawyer for legal separation or divorce to guide you to understand either of these processes better.

Here are some of the top differences to help you when choosing legal separation or divorce.

Marital Status

One of the most pronounced differences between a divorce and legal separation is marital status.

If you separate from your spouse, you’re still legally married, unlike a divorce that permanently terminates a marriage union.

You can’t remarry if you are separated, but you are free to get another partner once your divorce.

The court issues orders for child custody and visitation when you’re living separately.

However, you’ll remain to be husband and wife until you decide to get a divorce.

Healthcare and Social Security Benefits

With a legal separation, partners don’t lose their social security benefits like pension insurance and retirement.

More importantly, you’ll still maintain your healthcare benefits.

These benefits are indispensable as one gets older as they protect the parties from poverty.

A divorce strips a couple of these benefits. Most people who opt for legal separation do so to maintain some of these benefits.

Decision-Making

After a separation, partners are still recognized as next of kin for each other.

Spouses can make financial or medical decisions for each other. They still take the roles a next of kin takes.

A recent study showed that more than one-third of couples consider money the main contributing factor in marriages.

If you decide to separate legally instead of divorce, your spouse will still have a say in your finances.

Divorce gives you complete autonomy with your finances.

Liabilities and Debts

When you think about legal separation or divorce, you need to factor in the liabilities or debts.

In separation, partners are still responsible for each other’s liabilities and debts.

If you were paying for a loan together, the law demands you to continue with the payment as per the agreement.

In a divorce, the debts are often handled when dissolving the marriage.

Each party is free of debts, and they can choose to sell an asset to offset any liability. The idea is to ensure that couples are free to leave separate lives.

Property Rights

In a divorce, there’s no provision for retaining the right to your marital assets.

The property division is per the current situation of the couple and their relation to the said assets.

Chances of unfair distribution of property in divorce are pretty high.

In a legal separation, rights to marital property are reserved. If a spouse dies, the other partner can have the right to all the properties.

Opportunity to Reconcile

Legal separation doesn’t have to escalate to a divorce.

Legal Separation Or Divorce? Which Is The Better Path To Take?

The good thing about legal separation is that a couple can work out their differences and reconsider the move.

They can talk things over and reconcile.

Divorce is permanent. Once a couple signs the divorce papers, they can’t retract their steps.

Given the high rate of regrets among divorced people, this should be the last resort after being separated.

So, which is better, legal separation or divorce? From the similarities, it is clear that legal separation ranks higher than divorce.

The choice to get legal separation or divorce is entirely personal.

Individual and spiritual beliefs are some of the aspects that make people avoid a divorce.

In such a situation, legal separation is ideal as a couple can remain married but still live separate lives.

In a recent survey, 22% of 800 divorcees confirmed that they regretted dissolving their marriages.

Unfortunately, divorce is permanent, and even with regrets, you can’t reverse the decision.

A legal separation is like a stopping point, where a couple can ponder on their issues before proceeding to divorce.

During this period, a couple can resolve critical issues while their marriage is still intact.

They can go through all the available options before settling on the decision to divorce.

The fact that a legal separation is reversible makes all the difference.

Some states require a couple to go through a legal separation before getting a divorce.

The waiting period is often between 6 months and a year. This period is often essential as it allows the couple enough time to ascertain they want the divorce.

In some states, the legal separation leads to a divorce. You will resolve the issues after creating a separation agreement, which then becomes a divorce decree with time.

It is crucial to understand the laws in your state to determine what it says about separation.

If you have opted to get a legal separation, check with your state to be sure it’s permitted.

In states where they allow legal separation, you’ll start by filling a separation agreement, the same way you’ll fill a divorce paper.

For a couple that doesn’t reach an agreement, the next option is going for trial.

When you’re having marital problems that you feel are beyond you, going separate ways is often ideal.

Most people are familiar with a divorce but are not well-versed in matters relating to legal separation.

Legal Separation Or Divorce? Which Is The Better Path To Take?

It is essential to know more to help in your decisions on legal separation or divorce.

Legal separation has gained more traction as it has undeniable benefits that you won’t enjoy if you’re divorced.

It would help to consider separation before you can file for that divorce. Our site has a broad content category.

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