Legal Separation Vs Divorce: Choosing Between Them
by: Jennifer D. Gray
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The differences are not numerous but there are a few that are notable and important. The things that legal separation and divorce have in common are the fact that both are filed into the legal system, there are division of assets and property, and there is the matter of child custody and visitation if children are involved. The main distinguishing difference between legal separation and divorce is that divorce is permanent and legal separation is not.
A legal separation allows married couples to live apart from one another but still partake in the benefits of being married. You need to be aware that a separation and legal separation are also different. A separation does not involve the legal system and is mainly used for couples just needing to be away from each other for a while. There is no division of assets or child custody and visitation involved like with a legal separation. A couple is given adequate time decide if being apart is really what they desire with either form of separation. There is not paperwork involved for just a separation it is mainly an understanding between the couple whereas with a legal separation an agreement must be filed through the courts.
A legal separation is mainly different from a divorce in the fact that the couple is still legally married. There are benefits to a legal separation instead of immediately filing for a divorce. A divorce terminates the marriage and any and all joint interest the couple may share. A legal separation does not terminate the interest however it does divide the interest. Another benefit of a legal separation is the couple can still take advantage of the tax advantages of being married, they can also continue with joint insurance coverage.
Many people now days do not even realize there are alternative options to getting a divorce, they just dive right into it without checking or weighing their options. If more people researched their options the statistics of 50% of first marriages failing could possibly be reduced. It is really quit sad to think so many marriages actually fail.
You may just need some breathing room to decide what it is you really what to do in regards to your marriage. Jumping into a divorce is not always the smart thing to do. Remember there are additional options like a legal separation that would not be a drastic as a divorce. Divorce is permanent and a legal separation can be reversed at any time with no strings or complications.
Legal separation and divorce can be costly and with both having to be filed in the courts it is recommended that an attorney be obtained. There are do it yourself guides but not knowing all the legal ramifications and jargon could be detrimental in affording you the best settlements. The reasons for a divorce have to be approved by a judge whereas a legal separation does not have to have reasoning. An attorney is better suited in defining a reason that would be acceptable to a judge.
There are probably many of us that have thought about divorce at some point in time, whether it be just wondering about it or contemplating about filing for one. Before you decide what you are going to do make sure you know what all the options are. Divorce is not something that should be taken lightly; it is a very serious matter and needs to be examined before making a decision.
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Learn more how Legal Separation Vs Divorce work, before you make the decision it is important to know all the facts and options. Find out some helpful information about Child Custody Questions before filing for your divorce.
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