What Are the Benefits of Legal Separation vs. Divorce?
Posted August 5th, 2021 by Anthony Carbone.
Categories: Family Law.
When deciding between divorce and legal separation, it is crucial to know how they vary and how they will affect your life. Choosing between a divorce and legal separation can be difficult. To make a choice, you must first consider both choices’ emotional and legal implications and then weigh your choices.
Separation vs. Divorce: What Is the Difference?
In several ways, divorce and legal separation are similar. Divorce and legal separation both allow a separation legally between you and your partner. You have your own home. You have split the finances. The court determines the distribution of debts and marital assets, child support, child custody, and spousal support (also known as alimony in case of divorce).
The main distinction between a legal separation and divorce is that a divorce ends your marriage officially. You and your partner are no longer together. You have the choice to remarry. As a single person, you move on with your life.
However, if you get a legal split, you and your spouse are both legally married. On forms, you should continue to indicate that you are married. You are unable to remarry. You still have a right to inherit from each other. Until proved otherwise, a baby born to a married woman is officially the baby of the other parent.
Why Choose a Legal Separation Over A Divorce?
The choice between a divorce and legal separation is mainly a personal one. Some couples are unable to divorce due to the following:
- Personal convictions
- Religious convictions
- The welfare of the children
Thus, a legal separation enables them to stay together while living separate lives.
A legal separation keeps your relationship alive to some degree, allowing you to stay in touch. And if you obtain a legal separation, you will continue to be eligible for some benefits, including pensions and Social Security that compensate surviving spouses.
A legal separation will serve as a halt to the divorce process. It enables a couple to overcome all of the significant problems, i.e., financial and custody issues. At the same time, it maintains their marriage and allows them to explore their true desires. You may reverse a legal separation.
With a divorce, there is no turning back! Legal separations can also be less stressful for your kids because you stay together, and the split does not seem as definitive and traumatic as a divorce.
Why Should You Hire A Divorce Lawyer?
In situations involving incredibly complicated custody or financial issues, an attorney is needed. Your lawyer will help you file the relevant paperwork besides helping you with asset division negotiations and other legal issues. An attorney’s help will also make things simpler for you and your partner while also maintaining that the final divorce or separation arrangement is equal and fair.
Working with an experienced attorney is critical if you are seeking a divorce or legal separation. Both procedures are complicated, and a knowledgeable attorney will assist you in navigating them. Get in touch with the Law Offices Of Anthony Carbone today. An experienced North Bergen Personal Injury Attorney will discuss with you your legal options and rights.