Legal Separation vs. Divorce
There are many things to consider when you are sorting out Legal Separation vs Divorce. Below you will find information about both. You can then determine which one is going to be the best way to end your marriage.
Legal Separation is not a dissolution of marriage. The courts will give an outline of the responsibilities of each party. You remain legally married, but live in apart. Legal separation is used to protect everyone’s interest until a decision is made on whether to file for a divorce. If a divorce follows, the judge usually looks at the previous separation and sees that the agreements made have worked and keeps those in the divorce agreement. So you must come to an agreement that you two want to keep.
Legal Separation and Divorce have several things in common, but separation does have its advantages. It gives you the chance to have a break from the issues that are disrupting the marriage, and allows you to decide if a divorce is what you really want. You also retain all of your current health care benefits. If you remain married for over 10 years, you will be able to take advantage of certain military and social security benefits. Legal Separation can be dissolved by both parties filing a joint motion to dismiss due to you have reconciled. But with separation you cannot get remarried nor can the wife return to her maiden name.
Divorce is the dissolution of marriage. You are free to remarry if you so choose, but only after a 6 month waiting period that is required in most states. The wife may resume her maiden name if she so chooses. Divorce is final, unlike legal separation, if you want to reconcile you must get remarried. All benefits from the marriage are changed, i.e. health care insurance, life insurance.
All in all, they both have their upsides and downsides. So the decision should be based on the situation. If you feel that you will be able to reconcile the marriage after a “cooling off” period, then legal separation is the choice for you. But if you feel that there is no hope for the relationship, then save some time and money and get the divorce. Either avenue that you choose, you should definitely seek legal advice, especially if there are children involved.
