If you want to separate from your spouse, but don’t want to get a full divorce, legal separation is a path you can take. However, please know that legal separations are very rare and for good reason. There are many drawbacks to a separation over a divorce once you know your marriage is broken down and cannot be fixed.
Legal separation is a legal arrangement where a married couple decides to live separate lives but remain married. Legally separated parties may live physically and financially separate, but they are still married. It is almost identical to a divorce in process and can be as time consuming and expensive as a divorce and at the end of process, you still married.
The main difference between a legal separation and a standard divorce is that a divorce ends the marriage. Legal separation is also not an annulment. An annulment is where the court invalidates the marriage, meaning it is deemed that the marriage never happened. But whether you get a divorce, legal separation, or annulment, the legal process is very similar. The process is similar because each type resolves the same issues: child custody, property division, spousal support, etc. Whether you get a legal separation or a divorce depends on your exact situation and your own goals. Below is a list of the positives and negatives of legal separation to help you decide.
Some people choose legal separation over divorce because:
Legal separation is not a great option for the following reasons:
There are many factors to consider when deciding whether to get a divorce or a legal separation. To be sure you make the right choice for your situation, the best thing to do is to call me and discuss your options!
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