Did you know that the United States has the sixth highest divorce rate in the world, with 40% to 50% of married couples filing for a divorce?
For many married couples, deciding on legal separation vs. divorce is a long and costly process. Many factors influence the decision to split, and each party may view the issue in a different manner.
Read below to learn the different factors of legal separation vs divorce.
Defining Legal Separation
Legal separation provides formal, legal recognition of the couple’s desire to live apart, with all the accompanying legal rights and obligations. It does not end marriage problems but allows a couple to remain married yet live separate lives.
There may be distinct legal and financial considerations for a couple to consider when deciding whether legal separation is the right decision for them. These agreements can be a helpful tool for couples who wish to remain married but live apart.
The Process for Obtaining Legal Separation
The process begins with the filing of a petition with a court of competent jurisdiction. The court will then issue a temporary order which stipulates the separation conditions, including extending temporary occupancy of the family house and outlining a temporary parenting plan if children are involved.
Financial issues, such as spousal and child support payments, may also be addressed as part of the temporary order. The court or an arbitrator may resolve disputes over the legal separation agreement.
The parties involved must follow the temporary order until the final decree is issued. This final decree will state the legal standing of the parties and dissolve the marriage. The entire process can take several months to conclude.
Legal Separation vs. Divorce: What’s the Difference?
A legal separation is a court judgment that declares a couple married, while a divorce is the dissolution of a legitimate marriage by court judgment. It includes the division of property and the legal obligations of marriage without dissolving the union or granting a divorce.
A divorce lawyer terminates all legal obligations of marriage. When couples separate, they remain married but live apart and make decisions on asset division, alimony, child support, and child custody. After a legal separation, the couple is still married and cannot remarry.
Is Legal Separation the Best Option?
Legal separation is wise for couples who have reached a mutual agreement and are not ready to dissolve the marriage. It provides time and space to consider the future while ensuring both parties are protected and supported.
If you are considering a legal separation, hire an attorney to understand the implications and your rights.
Finding the Right Path for Your Situation
Legal separation and divorce are both serious life events that involve formal legal proceedings. Putting agreements in place for such issues as child support, spousal support, parenting time, and property division.
Of the two, divorce is more permanent and generally more expensive. If you’re considering either option, it is best to consult a qualified family law attorney who can explain the differences and help you decide which route is best for you.
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