Posted by Emily Fretwell |
Deciding whether to get a divorce or legal separation can be confusing. It is necessary you understand the emotional and legal impacts of both possibilities and evaluate the options. If you are having serious issues with your spouse, getting a divorce may seem like the only way to part ways and protect your money. However, a legal separation can provide the same protection as divorce and, in some scenarios, work even better. So, why would you get a legal separation instead of a divorce? A Jefferson City Divorce Attorney from Call & Gentry Law Group can help you understand your legal options as they understand the local legal separation laws.
Understanding legal separation vs. a divorce
Legal separation and divorce have similar impacts in several ways. Both of them create space between spouses. You live separately, your finances get separated, marital debts and assets are divided, and the court orders child support payments and child custody. Both divorce and legal separation create a crucial division between you and your spouse and develop financial boundaries and rules that you are needed to live by. The crucial difference between a legal separation and a divorce is that your marriage is legally terminated when you get a divorce. You are free to remarry as you are no longer married to each other. When you get a legal separation, on the other hand, you are still legally married to each other, and you cannot remarry.
Why get a legal separation instead of a divorce?
Deciding on whether to go for a divorce or a legal separation is usually an issue of personal preference. Some individuals have personal and religious beliefs that prohibit divorce, so a legal separation enables them to keep their marriage while being able to live separate lives. In a legal separation, you stay connected with your spouse. Also, you are still entitled to various benefits like pensions and social security that offer disbursements to surviving spouses.
A legal separation can also put a pause on the divorce process. It enables a couple to discuss all the essential issues, such as financial and custody issues, while still remaining married to determine if they really want a divorce. Unlike divorce, where there is no going back, a legal separation can be reversed.
How can you get a legal separation?
A legal separation happens when the court officially declares that you are separated. Legal separation is not an option in all states, so it is necessary to ascertain your state’s laws. If your state permits legal separation, you can separate from your partner by submitting a separation agreement. You can also get separated from your spouse by filing for a legal separation just as you would file a divorce.
Legal separation and divorce are both useful and valid options to consider when your marriage is not working. Take time to think through the one that feels more comfortable to you.
You can talk to our Call & Gentry Law Group divorce lawyers for assistance if you have trouble deciding whether to have a divorce or a legal separation. Contact us today to learn about your legal options.