All marriages are pious and that it would last until the last breath of the couple who promised a long-lasting relationship. However, there are still some who would come across challenges and problems and would decide not to continue with their marriage. It is either a legal separation or a divorce that will come into your mind. It is important to know essential details and understand which will be best for your situation. And make sure you take an informed decision before you go on to end your marriage.
Legal Separation and Divorce – Know the Difference
If the only option for you is to separate from your husband or wife, legal separation or divorce may be an option for you. Both have similarities when it comes to getting negotiations about child custody, child visitation, or support.
This also means that both sides need to understand the division of property. That’s because everything belongs to both husband and wife. And the division should happen legally in case the marriage comes to an end. Legal separation would still have you be legally married to your partner. But you would be living separately. But unlike divorce, you would have to go through a long process to terminate the contract of your marriage.
Why Choose Legal Separation Over Divorce?
The main thing to consider is the cost of the process. Filing a divorce would cost you more than getting a legal separation. However, for those who have the means and capabilities to do so, you may not worry about it. Here are other things to know why most choose legal separation instead of getting a divorce:
Moral Beliefs. It may be a mutual decision for you and your spouse to go your separate ways, but due to religion and moral beliefs, divorce may not be an option for both parties.
Government Benefits. One thing or another, the benefits your spouse would get from the government, i.e., Social Security, is something you may be eligible for having soon. But you must always understand the clause and agreement of how this works once you file for legal separation as it will also vary depending on the agreement. Some will remove your eligibility if you are looking for legal separation.
Medical Care and Insurance. The spouse will still be eligible for these benefits if they remain married with their partner. Some couples would always choose to use these benefits even after separation. Just because you are looking for a legal separation, doesn’t mean you don’t care about them anymore.
Tax Benefit. Paying taxes is costly, but there are certain tax benefits you get after your marriage. So, you can use this as a reason for legal separation over getting a divorce.
Eligibility for Divorce Not Met. Filing a divorce will take a long time, and this is not just for certain weeks. When it says a long time, this means an extended period, which will last for a couple of months or even years. Some may not be eligible for filing a divorce yet. So they got a legal separation instead.
Chance of Reconciliation. Most couples go through hardships, and sometimes taking time to live separately would be better for the couple’s relationship. When this fixes the situation, reconciliation would be much more comfortable in the case of a legal separation.
Less stress and processes go into legal separation in comparison to a divorce.
Before going through these decisions, the best thing to do is to talk to your spouse and check all things that will happen should you choose legal separation or divorce. Both must have a mutual understanding as to what could happen, as this is not just a simple decision to make.
Getting help from an expert or seeking advice from professionals, including divorce attorneys, would also benefit both of you. This will help you come up with the best decision, whether legal separation or divorce will be necessary. This process is not something that you can change. So, you must make sure that your full understanding of the process and everything else that comes with it. Also, make sure you discuss this with your partner to make sure you are both on the same page.