Sometimes, marriages can fall apart with little warning. Other times, they become more stressful and less harmonious as the years pass. Some people are quick to consider divorce. They do not associate any stigma with the decision to end a marriage and are eager to move on with their lives.
Others may worry about pursuing a divorce in family court. Their religion may not recognize divorce, or they may still hold out hope of reconciliation with their spouses. Legal separation is an alternative option for those who do not necessarily want to divorce.
How can people determine if legal separation or divorce is a better option for their situation?
Legal separation offers limited protection
There are several reasons for people to initiate a legal separation. They can ask a family law judge to establish a custody order dividing parental rights and responsibilities. They can separate their finances.
Legal separation can be a form of protection for those worried about a spouse’s financial habits or illegal behavior. By officially separating from their spouse, they limit their liability for financial obligations and their responsibility to their spouses.
However, the couples who legally separate are still technically married. Neither can remarry unless the spouses move forward with a divorce. Additionally, legal separation can be as costly and messy as a traditional divorce. Spouses have to go through court to legally separate and have to reach arrangements for separating their lives.
Spouses have to essentially handle all of the same issues but without the finality that comes from a lawful divorce. Those who have already invested the time and energy into negotiating property division, custody arrangements and financial support terms may benefit from taking the last step and officially terminating the marital relationship.
For a significant percentage of those frustrated by an unhealthy marriage, divorce is a better option than legal separation. They may even be eligible for a simple dissolution if they can settle all of the issues about property division, children and financial support before filing court paperwork.
Discussing the options of divorce, legal separation and dissolution can help separating spouses decide on the best path forward. Many people who initially propose a legal separation eventually decide that divorce or dissolution is the solution they require.The post Which is the better option: legal separation or divorce? first appeared on Baker & Wick LLC.
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