Divorce vs. Separation
Divorce should be a last resort, which is one of the reasons the concept of ‘legal separation’ was created. If you are uncertain you want to take that final step toward completely dissolving your marriage, but you do think it’s possible you no longer wish to live with your spouse, legal separation may be the answer in your case. In some ways, legal separation is like a divorce. You and your spouse will have to come to an agreement regarding custody of the children and visitation rights, spousal and/or child support, and in many cases even distribution of property. There are, however, major differences between the two. The following information is provided by family law attorneys outlining further details regarding the differences between divorce and legal separation.
What is A Legal Separation?
A legal separation is a court order that establishes the responsibilities and rights of each spouse within the marriage while they live apart from each other but remained married. While divorce dissolves the marriage completely, legal separation allows couples to stay married, sometimes in order to live apart while they work through their differences. There are other reasons to seek a legal separation rather than to divorce and end the marriage entirely.
What is A Divorce?
Nearly everyone knows what a divorce is, but for purposes of comparing and contrasting it with legal separation, a definition will be given. Divorce, which is also referred to as ‘dissolution of marriage,’ is the legal termination of a marital union, thereby canceling and/or reorganizing the legal responsibilities of the marriage. This is a court order that, under the rule of law of a state, dissolves the bonds of matrimony. It’s important to note that divorce laws vary markedly from one U.S. state to another, which is why it’s a good idea to contact a family law lawyer near you for more information on the types of divorces there are in order to make the correct determination for such in your case. Divorce can be a quick process, such as in an uncontested divorce in which both parties to the marriage come to a mutual agreement regarding the dissolution of the marriage, as well as custody of the children, property distribution, and all other potential disputes. If you are considering divorce but you are not sure about dissolving the marriage and need more time to come to an informed decision, a legal separation may be a better answer in your particular case.
Why Legal Separation Rather Than Divorce?
There are a number of valid reasons for married couples to opt for legal separation rather than getting a divorce. These include:
What is A Legal Separation?
A legal separation is a court order that establishes the responsibilities and rights of each spouse within the marriage while they live apart from each other but remained married. While divorce dissolves the marriage completely, legal separation allows couples to stay married, sometimes in order to live apart while they work through their differences. There are other reasons to seek a legal separation rather than to divorce and end the marriage entirely.
What is A Divorce?
Nearly everyone knows what a divorce is, but for purposes of comparing and contrasting it with legal separation, a definition will be given. Divorce, which is also referred to as ‘dissolution of marriage,’ is the legal termination of a marital union, thereby canceling and/or reorganizing the legal responsibilities of the marriage. This is a court order that, under the rule of law of a state, dissolves the bonds of matrimony. It’s important to note that divorce laws vary markedly from one U.S. state to another, which is why it’s a good idea to contact a family law lawyer near you for more information on the types of divorces there are in order to make the correct determination for such in your case. Divorce can be a quick process, such as in an uncontested divorce in which both parties to the marriage come to a mutual agreement regarding the dissolution of the marriage, as well as custody of the children, property distribution, and all other potential disputes. If you are considering divorce but you are not sure about dissolving the marriage and need more time to come to an informed decision, a legal separation may be a better answer in your particular case.
Why Legal Separation Rather Than Divorce?
There are a number of valid reasons for married couples to opt for legal separation rather than getting a divorce. These include:
It’s important to know that such situations as ‘trial separation’ or simply living apart from each other do not necessarily equate to a legal separation. A legal separation involves the courts, while trial separation or living apart from each other does not necessarily involve the court system.
Because divorce is a major step in a couple’s life, a legal separation may be a better path for you and your spouse to take. Family law attorneys can help you decide which of these two situations is the best for your situation. For more information on the process of a legal separation, contact a family law lawyer in New Jersey.
- You and your spouse are attempting to reconcile, but for now you wish to live apart, often in order to lower the anxiety levels in the home, especially if children are involved.
- One or both parties to the marriage oppose divorce for moral/religious reasons.
- One party to the marriage will become eligible for spousal government benefits in the near future.
- There will be a tax benefit for you and/or your spouse if you remain in the marriage.
- One party to the marriage will become or is currently eligible for spousal insurance or health care benefits, and if the marriage is dissolved they will lose this benefit.
- Your marriage is not eligible for divorce under your state’s legal requirements, such as for residency reasons. In this case, a legal separation will afford you a court-sanctioned separation agreement until you are eligible to file a petition for a divorce.
It’s important to know that such situations as ‘trial separation’ or simply living apart from each other do not necessarily equate to a legal separation. A legal separation involves the courts, while trial separation or living apart from each other does not necessarily involve the court system.
Because divorce is a major step in a couple’s life, a legal separation may be a better path for you and your spouse to take. Family law attorneys can help you decide which of these two situations is the best for your situation. For more information on the process of a legal separation, contact a family law lawyer in New Jersey.