Difference between Legal Separation and Divorce.
Many clients going through marital difficulties contemplate on whether to file for a Legal Separation or for a Divorce but wonder what the difference is between the two and what are the advantages or disadvantages between them. Here are some of the differences:
Filing for a Legal Separation is the court’s recognition that a couple is broken up essentially. A legal separation doesn’t hold any real weight in court. A legal separation does not legally divide a couple’s assets, debts, or dissolve a couple’s marriage. Couples who are legally separated are usually living independently but can still share the same bank accounts, rights to property and even remain on someone’s health insurance for coverage. A legal separation can offer a holding place for couples to evaluate their relationship and take a good look at what divorce could look like if all of their financials and property were as equally divided as possible in addition to living “separate” if not logistically but practically. Some couples cannot afford to live separate and apart when legally separated or divorced, and for financial reasons are forced to remain under the same roof. However, a legal separation can provide a sense of one’s control over a decision to not be tied to their spouse; however, legal separation does not dissolve the marriage and parties can not legally marry someone else.
Legal separations ultimately lead to couples reconciling or toward divorce which dissolves the marriage and formally divides everything between the couple including their residence, bank accounts, property, debts, assets, retirement, vehicles and for couples with children: parenting time and parental decision-making.
A legal separation and a divorce are both filed with the courts. For couples not sure if divorce is their only option, filing for a legal separation may be a better alternative if reconciliation is not currently on the table but definitely not off of the table with no financial penalties if a couple can reconcile.
For individuals who cannot function physically, emotionally or mentally in their marriage, divorce may be their only option to permanently terminate a “bad” marriage and offer distressed spouse’s peace of mind. Divorce may be the only option to dissolve the legal constraints of marriage for a spouse who is negatively affected by their spouse’s inequitable contribution to large debt, financial hardships and emotional distress, especially when counseling is unsuccessful. For these individuals, divorce can open the doors for a new beginning and true happiness. The Watson Law Center can make the process of divorce less than overwhelming by helping their clients take one step at a time and advising them in the right direction for their individual situation to be end up in the best position possible when the process is complete.
Knowing if a Legal Separation or a Divorce is the best option for an individual takes the time and expertise of the Watson Law Center to know what is the best option for each individual’s situation and needs.
