The complexities of human relationships are ever-evolving, and so are the legal solutions that accompany them. Legal separation and divorce are two such solutions that people often consider when their marriages hit a rocky road. Understanding the nuances of legal separation and divorce can help you make the right choice for your unique circumstances.
If you are considering a split from your spouse, your main options to ensure you are legally protected are legal separation and divorce. While most people overlook legal separation, it can be the right choice for some people.
Right now you may be wondering what the difference is.
In reality, there is one major difference: during a legal separation, you are still married, while after a divorce, you are not. The processes, however, are very similar.
What is legal separation?
Legal separation is a formal arrangement wherein a married couple decides to live apart without dissolving their marriage. Legal separation can be an attractive option for couples who are uncertain about the future of their marriage but want to take a break and sort out their issues.
In both divorce and legal separation, you and your spouse will determine alimony and child support (although, in legal separation, they are known collectively as separation maintenance). Before living separately, a couple typically drafts a legal separation agreement that outlines the division of property, assets, debts and spousal support. You will also work out a child custody agreement and negotiate property division.
The legal separation agreement must be approved by a court to ensure the terms are fair and in compliance with the law. After the agreement is in place, the spouses physically separate and begin living apart. During this period, they remain married, which means neither can remarry.
One of the benefits of legal separation is that it prepares you well for divorce if you are on the fence. If you decide to follow through with a divorce after a legal separation, much of the work will be done already.
A legal separation is also a good option for people who are opposed to divorce because of religious or other reasons. For example, you may want to stay married for some period of time so you can benefit from your spouse’s health insurance plan.
What is divorce?
Divorce, on the other hand, is the legal termination of a marriage. It is a more final and serves as a complete dissolution of the marital relationship. After a divorce, both parties are free to remarry, as the marriage has legally ended.
The divorce process begins with one spouse filing a divorce petition in court. The spouse filing the petition is known as the “petitioner,” and the other spouse is the “respondent.” During divorce proceedings, the court will oversee the division of property, assets, debts and spousal support, if applicable. Child custody, parenting time and support arrangements are also determined as part of the divorce proceedings, either via uncontested negotiations or contested litigation.
Legal separation and divorce serve different purposes, and the choice between them depends on your specific situation and what you aim to achieve. Whichever option you’re opting for, it’s essential to seek legal counsel to navigate the complexities of these legal processes and help ensure the best outcome for all parties involved.