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Why Should You Get a Legal Separation Instead of a Divorce?

When a marriage does not work out, divorce is not the only available option. Other options include trial separations, permanent separation, and legal separation. Finding the right route to amicably dissolve a union can be challenging, and it is important to understand the legal repercussions of each option.

If you have made the decision to dissolve your marriage, contact the experienced Jefferson City and Missouri family law Attorneys at Call & Gentry Law Group to learn more about your legal options.

Separation vs. Divorce

Legal separation and divorce are similar in a plethora of ways, however, the biggest similarity is that both will create some distance between you and your spouse. In both instances, you will live separately from your former spouse and your finances will be separated. The court will also address:

  • Child custody
  • Payment of child support
  • Alimony
  • Division of marital assets

After a divorce, in the eyes of the law, you are no longer married and are considered a single person. On the other hand, in a legal separation, you will still remain legally married to your spouse. After a legal separation, you are not allowed to remarry and are required to indicate that you are married in legal forms. Because you are still considered to be married, you can still inherit assets from each other in the event of a death.

Additionally, a legal separation is reversible while a divorce is not.

Why Get a Legal Separation Instead of a Divorce?

gavel lawChoosing between a legal separation or a divorce is an intensely personal matter, and it is usually a matter of personal preference and the two spouses must be in agreement. Some couples choose a legal separation over divorce because of religious reservations about divorce.

In a legal separation, the couple will remain married while living separate lives, and the separation ensures that the couple is still connected, to an extent. The couple is also still entitled to certain benefits, including Social Security or a pension.

A legal separation can act as a stepping stone to divorce, and it can provide a couple with the time and space they need to resolve their relationship in an amicable manner. There are some parents who choose legal separations for the sake of their child, as it may be easier for the children to hear that their parents are only separated and not divorced.

Contact a Family Law Attorney

Regardless of whether you are getting a legal separation or a divorce, you will need the services of a lawyer to successfully navigate the resolution of a marriage. The legal process of ending a marriage can be cumbersome and a lawyer can be very helpful. Contact the experienced Jefferson City and Missouri family law attorneys at Call & Gentry Law Group to learn more about your legal options.

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