Legal Separation vs. Divorce

 Posted on November 14, 2014 in Alimony

When it comes to needing to make a change in your marriage, many couples consider divorce their only option. However, there are other options out there, such as legal separation.

Since divorce results in the finality of a marriage, it is critical to ensure that a couple wishes to end their marriage. Often times, legal separation may be the better option, especially if there may be a chance for reconciliation in the future.

There are several other reasons a couple may wish to pursue a legal separation versus a divorce, such as:

•  The opposition of divorce due to religious reasons.
• The eligibility of a spouse’s benefits, including Social Security and other government benefits.
• The eligibility of health insurance or other benefits from spouse’s employer.
• The eligibility of tax benefits if stating legally married.
• There is less stress related to filing a separation agreement versus a divorce agreement.
• The inability to file for a divorce, usually due to a required waiting period or your state’s residency requirements, but you still wish to be legally separated until able to file for a divorce.
•  There is a chance for reconciliation.

Divorce can be a highly stressful situation and requires the time and effort, as well as the cooperation of both parties involved. It is critical to be sure that divorce is truly what both parties want before making any decisions.

In the event that you are looking to file for either a legal separation or a divorce, be sure to consult with a family lawyer that specializes and has extensive experience with both. This will not only ensure that your case is handled with care, but as smoothly as possible.

With more than 20 years of experience, the attorneys at Cosley Law Office have been specializing in family and criminal law, particularly in divorce, child custody, and DUI defense. Visit us to see how we can help you and your legal needs today.