February 20, 2021

What Is The Difference Between Legal Separation And Divorce

There are two ways to deal with your failing marriage; either you go for a divorce which is the final nail in the coffin, or you choose a legal separation which might or might not lead to divorce. Before you go to a family attorney, here is what sets divorce and legal separation apart.

Legal separation is not a permanent option

One of the biggest differences between these two is, divorce puts an end to your failed marriage once and for all, but a legal separation doesn’t do the same. In fact, legal separation gives you enough time to reflect on what you did. In some cases, people repent their decision and get back together in little to no time and in some cases, people never regret their decision to isolate themselves from their spouse. In the latter case, divorce is the only option left.

When you are separated but legally married, you deprive yourself of the chance to get married to someone new. You might find a new date but you wouldn’t be able to espouse them even if things start looking meaningful. Hence, divorce is the key to opening new doors for you – it gives you a chance to fall in love again and remarry.

Do not confuse ‘’trial separation’’ with ‘’legal separation’’

A lot of people conflate trial separation with a proper legal separation but they should not. These two things are slightly different, there’s a thin line between the two. People who choose trial separation for themselves are basically willing to give their failing marriage another chance. Couples are often tired of their conflicts and consequent arguments, so, they want to take a break from their relationship to retrospect and find out where they went wrong — trial separation is meant for such people.

Legal separation is a whole new story, so to say. Legal separation is recommended for couples who are determined they don’t want to stay together any longer. Legal separation can be chosen in place of divorce for some religious or financial reasons; it ensures that your marital status lingers without you being bound to live with your spouse.

Legal separation is financially more beneficial

At times, legal separation benefits you more than a divorce so there is no harm in being considerate of it. For instance, if you are a couple of 8 years of marriage considering divorce, you can choose to remain legally separated for at least 2 years and later opt for a divorce. Once you complete 10 years of marriage with your spouse, you can look forward to being divorced. This way, after their demise you would be entitled to things they owned.

You would continue to get the same amount of child support and spousal support after a legal separation takes place. Since there is no divorce, there would be no downsizing on your financial norms. In most cases, many lawyers and attorneys recommend legal separation for financial benefits which couples also prefer and they are right in doing so.

Legal separation is always better than divorce for religious people

There are so many people who follow religion even in this day and age when it comes to important decisions of their life. Divine scriptures, despite approving it, look down upon divorce as marriage is a holy bond in the opinion of religion. That is the reason, many people do not want a divorce from their partner even if things seem to be hard to deal with.

When your marriage is already hitting the rocks, you would definitely look around for an option that doesn’t end your marriage but gives you enough space to retreat. Legal separation comes to rescue in a situation like this. If you and your spouse are both adherent followers of religion, you can rely on legal separation instead of getting a divorce.

Legal separation stops you from rushing into something as decisive as divorce

At times, people regret divorce after they are done with it. Divorce cannot be undone once it is done. So, for people who are not great at decision-making, legal separation proves helpful. Some people are just habitual of making an important decision in the wink of an eye and regretting it for the rest of their lives. If you are one of those people and you want to save yourself from

If your marriage has been toxic, either of the two options can put you to peace. Think. Deliberate. Choose what suits you the best and then go to a top rated divorce lawyer Fairfax VA for setting things into motion.

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