Separation

While a divorce and separation sound like the same thing, they are very different. A divorce is the legal dissolution of a marriage while a legal separation lays out the guidelines for two spouses who have decided to live apart. A couple who has decided to go through with separation is still legally married.

What are the advantages to filing for a legal separation instead of divorce?

Although a divorce and legal separation are similar in some ways, there are distinct advantages to obtaining a legal separation first. One advantage is that it allows a couple time apart before deciding if divorce is truly the right answer.

A legal separation allows a spouse to continue receiving medical and other benefits that may end if the marriage is ended. For example, if one spouse receives health insurance through work, the other spouse may continue to take advantage of the coverage while maintaining a separate lifestyle.

For those whose religious beliefs do not allow for divorce, a legal separation will allow you to live separately and continue to remain married.

During a legal separation, the court outlines each spouse’s responsibilities and rights while maintaining separate households. The issues that come up during the legal separation process are very similar to those that arise during a divorce, and may include: child custody, child support, spousal support, visitation, and division of assets and debts.

A legal separation agreement is important because it protects your rights and interests until the decision to file for a divorce can be made. This agreement also lays down the groundwork for the divorce; many times, the judge will assume that since the separation agreement was satisfactory for both parties, the agreement can again be used for the divorce settlement. It is important to make sure you are happy with the terms of your separation agreement before signing anything.

Are you currently going through the process of legal separation? If so, it is important to contact an attorney who is experienced in such matters. Your attorney will go to bat for you during your separation agreement to ensure that you receive a fair deal and your rights are upheld.

Contact an experienced separation lawyer in your area today for advice.