The Difference Between Divorce and Legal Separation?

Numerous factors play a role in divorce, making it one of life’s most significant events. Understanding the distinction between a divorce and a legal separation is crucial. Both signal the dissolution of a marriage, but in different ways. Make sure you are aware of the most important features of each option before making a final decision.

Divorce: what is it?

The ultimate dissolution of a marriage is divorce. The court grants legal dissolution of the marriage, and the couples move out into separate residences. Additionally, the couple needs to come to a few agreements. These include property rights, child custody, and other items that spouses share. You should always check the most recent changes because divorce rules can occasionally change. 

Also, you have to vouch that the marriage cannot be saved, which is why divorce is the only feasible option. Professional assistance from a Huntsville contested divorce lawyer can be helpful.

Legal separations: what are they?

The goal of a legal separation is not to dissolve your marriage entirely. You must obtain the court’s approval before you can begin living separately and make it public. The spouse must concur on how to run the household.

The major difference

The last phase is where the biggest distinction is found. Legal separation postpones a marriage, while divorce signifies its total dissolution. The couple typically separates and makes arrangements for caring for their children, shared belongings, and pets, but they are still free to reconcile without remarrying.

What are the reasons for going through with a legal separation?

A legal separation is a less drastic option if two people decide they no longer wish to be married. Instead of ending your marriage, you put it on hold with this action, giving you the chance to alter your mind. Legal separation is advantageous in several ways over divorce, including:

  • You’ll have more time to think about all the reasons that influenced your decision. Couples still have the option to reconcile, even if they frequently decide to live separately following this. A legal separation is a viable option if you’re not sure you want to dissolve your marriage for good.
  •  A legal separation is an excellent option if one spouse still needs insurance or other advantages from the other spouse’s employment.
  • Tax advantages are one of the reasons some couples choose legal separation over divorce. In some states, it is cheaper to file taxes jointly .

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