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Legal Separation vs Divorce

Divorce and legal separation are alike in many ways, but they are exceptionally different in others, so it is crucial to understand what both of these options can do for you to ensure your specific needs are met. Generally, legal separation is ideal for those who are unsure about ending their marriage, but wish to live separately for the time being. If they ultimately choose to end their marriage, the process will be a little easier since many of the key issues, such as child custody, will have already been decided. Continue reading to learn more about the differences between these two options.

The Differences Between Legal Separation and Divorce

Legal separation is not solely reserved for those who are unsure about ending their marriage. There are numerous reasons why spouses might choose this option, which we will review.

Here are some reasons why some spouses choose legal separation over divorce:

  • There are tax benefits for both parties if they remain married.
  • Divorce goes against the religious beliefs of both spouses.
  • One spouse may soon be eligible for the other’s social security benefits.
  • Both spouses agree to remain married, allowing one to remain eligible for the other’s medical benefits.
  • You have not met your state’s residency restrictions and need a legal agreement while you wait to become eligible.

If you choose to legally separate, however, keep in mind that you cannot remarry, so if you have hopes of starting a new life with another partner, a legal separation may not be right for you.

Here are some reasons why some spouses choose divorce over legal separation:

  • They are certain about ending they wish to end their marriage.
  • There are no financial benefits to legally separating.
  • They wish to sever all financial ties (aside from spousal and child support).

Your unique needs and goals will determine which of these options is best for you. Speak with an experienced family law attorney to learn more about which is best for you.

Reach Out to Our Knowledgeable Family Law Team to Discuss Your Legal Options!

If you are considering a divorce or legal separation, you will need to retain skilled legal counsel to help guide you through every step of the process to ensure your interests are protected. At Myers Family Law, our family law team has the experience, skill, and compassion necessary for handling such delicate legal matters.

Call our law office today at (916) 634-0067 to schedule a low-cost 30-minute consultation with a member of our legal team to learn more about what we can do for you. You do not have to go through this on your own.

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