Getting Through Your Divorce and on With Your Life

Legal Separation And Divorce: What's The Difference?

3 February 2019

Celina Henry

Have you and your spouse decided that you want to end your marriage? If so, you have a couple of options under family law. You can either legally separate, or you can get a divorce. There are advantages and disadvantages to both of these options, and it depends on your individual situation which one is best for you. Keep reading to learn about each of these if you are contemplating ending your marriage.

Legal Separation

For couples who decide to legally separate, they are still married under the law. However, similar to divorced couples, there is a separation agreement that must be followed. It is an official court order that details the responsibilities, rights, and obligations of each party regarding property division, financial support, child custody, etc.

Why would a couple pursue legal separation? There are actually several different reasons. For one, a couple may not believe in divorce due to religious or personal reasons. Another reason may be because the couple is not interested in the permanence that the divorce will bring with it. With a legal separation, the "end" of the marital relationship is only temporary, which allows the couple to resolve any issues that they are having before resuming their marital relationship. A third reason is that legally separated couples are allowed to maintain marital benefits like pension payments, health insurance, Social Security benefits, etc.

Divorce

When couples decide to move forward with a divorce, which entirely dissolves the marriage, all benefits associated with that marriage are thereby eliminated. For individuals who are interested in a fresh start and a clean slate, then divorce is the best option because all legal obligations to the other party are eradicated (unless otherwise noted in a court order like alimony or child support payments). The point is that both individuals are able to move on with their lives and remarry if they desire to do so.

Under family law, a separation agreement will still need to be drafted and approved by the court. In some cases, such as when significant assets or children are involved, things can get pretty heated. If compromises cannot be made and the parties cannot come to a satisfactory agreement, a judge will have to step in and take matters into his or her own hands.

If you would like to learn more about legal separation or divorce, don't hesitate to contact a divorce attorney near you today.

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About Me

Going through a divorce? I know how you might feel – alone, stressed out, and probably even a little sad due to the loss of the life you have always known. Whether you have children or not, you might even feel a little guilty about the break down of your relationship. But I'm here to tell you that a divorce is not the end of the world. In fact, once you get used to the idea and start to move on with your life, you may find just as much, if not more, happiness than you ever had while you were married! Getting through the proceedings of your divorce in a dignified manner is the first step, and hopefully this website will give you the insight, support, and motivation you need to get through the process as painlessly as possible.