Should I Choose Legal Separation Or Divorce?


Ending any relationship is difficult. However, several other financial, emotional, and familial considerations must be considered when it comes to ending a marriage. One of the biggest is if you should choose legal separation or file for divorce. Before you make any final decisions, here are a few considerations that could help you decide if legal separation or divorce is the better option for your family. 

What Is the Difference Between Legal Separation and Divorce?

Before you decide if you should seek a divorce or a legal separation, it is essential to understand the differences. A legal separation means that, in the eyes of the court, the couple is still legally married. The couple can choose to live apart and have separate finances. Many couples choose to create a separation contract.

This contract lays out several aspects of the separation, including who is responsible for paying specific bills and who has custody of the children. The legal separation can either lead to a legal divorce, the couple can remain legally separated permanently, or the couple can reconcile.

A divorce is an end to a marriage. The most significant difference between a divorce and a legal separation is that a separation can be reversed, and the couple can reconcile. A divorce is the final dissolution of the marriage and cannot be reversed.

Benefits of Legal Separation

Legal separation is sometimes the better option if you do not want to live with your spouse or are considering divorce but are not financially or emotionally prepared for the divorce. One benefit of a legal separation is that it is less expensive than a divorce. Additionally, a separation allows the spouses to remain together on a deed to the family home and share the same health insurance plan.

With legal separations, you do not need to create formal plans, including a formal custody plan. Separation also leaves the door open for reconciliation if the spouses decide to do so.

Benefits of Divorce

In many cases, divorce is the better option for a couple instead of seeking a legal separation. For example, some couples will find it more financially beneficial to be divorced, especially if one spouse is seeking alimony and child support. Divorce is also final and allows a couple to separate without going through the extra time and money it would cost to choose legal separation first.

Divorce and legal separation are two options available for married couples. If you have any more questions, contact an attorney, such as R. Robert Clothier, P.C.


6 October 2022

changing a child's last name after a divorce

When I began the divorce process, I knew that I wanted to change my name back to my maiden name. I no longer wanted to be associated with the family name of the man that I was divorcing. The problem was, I have three kids that all had their father's name. I wanted to know if I would be able to change their last names to my maiden name rather than having them carry that family's name for the rest of their lives. I found out a lot about what it would take and began working to create this blog to help other women wanting to do the same thing.