Is Legal Separation Right for Me?

Divorce agreement

Legal separation is a formal judgment that the court issues, stating that all problems regarding a marital relationship have been resolved. But it doesn’t end a domestic partnership or marriage because spouses who pursue legal separation don’t really want to get divorced, but are looking to live separately and just decide on parenting matters, property, and finances while separated.

The Law Office of Dorene A. Kuffer notes that once you’re legally separated, you can’t get married to another individual since your status would be legally separated and not divorced or single. Married couples looking to legally separate would still need to deal with issues, such as child custody, child support and visitation, property division, spousal support or alimony, personal conduct, and legal fees in court, adds a renowned family attorney in Santa Fe, New Mexico.

Why Opt for Legal Separation?

There’s a couple of solid advantages to pursuing legal separation. These include the following:

  • Married couples that are still unsure of getting a divorce could pursue legal separation instead to resolve urgent issues.
  • Staying married for up to 10 years (in paper at least) provides couples specific security benefits.
  • Spouses could still take advantage of the many benefits of being married, including health insurance coverage or military benefits.
  • Certain religions don’t allow or recognize divorce but recognize legal separation as a way for spouses to remain married while living separately.
  • Legal separation gives couples a chance to resolve their differences and conflicts to either recommence their marriage or pursue a divorce.

While legal separation offers great advantages, it also comes with distinct disadvantages. The main drawback is that once you become legally separated, you could still be held responsible for the debts of your spouse. To avoid this issue, make sure you have an agreement in place that would specify details concerning your liability for the debts of your spouse while you’re legally separated.

Not all legal separation cases are the same; there are various steps and factors that need to be determined to make sure the process would work in favor of everyone involved. Discussing your case with an experienced family attorney would help you learn more about your responsibilities and rights regarding family and financial matters.