Taking off wedding ring

What is the Difference Between Legal Separation and Divorce?

Divorce is not necessarily the right choice for every couple. Depending on the details of your circumstances, your wants, and needs, a legal separation might be more suitable for you. Legal separation allows spouses to live separate lives while remaining married. Much like a divorce, you will need to reach an agreement on several key issues, including child custody and visitation.

What Are the Benefits of a Legal Separation?

Of course, if divorce and legal separation have so much in common, you might be wondering what the differences are and what sort of benefits a legal separation presents. There are several reasons why one might opt for a legal separation instead of a divorce. In some cases, spouses are not ready to totally call it quits on their marriage and need some time apart to figure out what the best course of action is.

A legal separation can also provide time for spouses to attend marriage counseling, so they can determine if the issues in their marriage are beyond repair or worth fixing. If you are unsure if divorce is right for you, a legal separation might be right for you.

Below are some additional advantages legal separation offers:

  • If you wish to retain your marital status due to your religious beliefs, but no longer wish to remain engaged in the marriage, a legal separation is an ideal option.
  • Unlike divorce, legal separation does not leave either spouse without health insurance. If your family is financially struggling or one partner was outside of the workforce to care for the children, a legal separation will help ensure some stability while maintaining separate lives.
  • Those who are married for 10 years or more can take advantage of the other spouse’s social security benefits, so you might want to consider legal separation until you hit the 10-year mark, after which you can file for divorce.
  • If you ultimately choose to divorce after being legally separated, the process will go much more smoothly since your legal separation agreement can convert into a divorce settlement agreement.

Consult with a family law attorney to find out which option is more suitable for your specific needs and goals. No two marriages are alike, so discussing your case with a legal advocate will help set you on the right path.

Contact Our Compassionate and Knowledgeable Family Law Team Today!

If you are trying to decide between filing for divorce or legal separation, the team at the Law Office of Tzvi Y. Hagler, P.C. can advise you on the best course of action, so you can do what is right for you and your family. Whether you choose to file for divorce or opt for legal separation, you can rely on our team to effectively guide you through the process and ensure your interests are protected. You can rely on our team to help you create an agreement that is enforceable, fair, and achieves your goals.

Get started on pursuing a legal separation today and reach out to our law office at (516) 514-3868 to set up an initial consultation with a knowledgeable and trusted member of our legal team.