What’s the difference between a legal separation and getting a divorce? Does the distinction matter? Read on to learn which is right for you.
Did you know that the divorce rate has been declining over the past decade? That said, many people continue to go through divorces every year.
No one ever said that breaking up is easy. When you have to bring legal matters into it, it’s even harder. Going through a divorce or even a legal separation can be traumatizing, even if you know that it’s the right thing to do.
But, what’s the difference between getting a divorce and going through a legal separation? Does the distinction matter? Which should you choose?
We’re here to talk about it so you and your spouse can make an informed decision about your next steps. Read on to learn more.
What Is a Divorce?
Most people are familiar with the concept of divorce. This seems like the obvious step when a marriage is “over.”
When you go through a divorce, you dissolve the marriage completely. A divorce lawyer will help both parties separate resources, manage child custody, and make any necessary changes.
Divorces are permanent (although there’s no reason that you couldn’t get re-married in the future if you chose to reignite your relationship).
What Is Legal Separation?
A legal separation is another way to separate from your partner, but it’s less permanent. Legal separations aren’t too dissimilar to divorces when it comes to legal processes.
You can go through a non-legal separation first if that makes things easier for you. This is a trial separation, and you don’t have to deal with anything legal unless you’re struggling with custody.
Many couples go through trial separations while they’re working through their issues but have no real intention to break up if they can help it.
When it comes to a legal separation, the court gets involved.
People may or may not continue to live on the same property when they choose to separate. If they’re trying to resolve differences, it is best for them to live apart, but this isn’t always possible if they intend to continue co-parenting without disrupting the child’s daily life.
Separations can be permanent. You don’t need to involve the court in a permanent separation, but it may be in your best interest to do so. A good divorce lawyer can help you negotiate a separation agreement.
Going Through Separation Before Divorce
Sometimes people who are planning to divorce go through a separation first. This may be required in some situations. In a no-fault divorce, it’s uncommon for separation to be a legal requirement, however.
Even if you don’t have to separate before your divorce, it’s not a bad idea. It is still possible to work out problems (if you want to). It’s also possible to work on divorce mediation during your separation so the divorce isn’t as complicated.
When you separate and create a separation agreement, it’s going to be similar to your future divorce agreement. While you may have to make minor changes, it’s going to set you up for an easier transition into your divorce. You’ll have less to fight over.
You’ll lower your chances of having a contested or complicated divorce if you choose to separate first. This will mean that you accrue fewer legal fees and reducing stress for you, your spouse, and your children (if applicable).
Not separating beforehand doesn’t mean that you can’t have a smooth and amicable divorce, but separating improves your chances.
Basic Differences Between Legal Separation vs. Divorce
With all of this in mind, what’s the difference between legal separation and divorce? If they’re both legal processes and they both require similar agreements, where do they differ?
As we mentioned, divorces are permanent. You get a clean break from your marriage and you now operate as an individual instead of as a unit. You can no longer make decisions for your spouse (and vice versa).
You’re able to get married to someone else if you choose to do so. When you’re separated, you must end the separation and legally divorce if one person wants to get married to someone else.
Separations can last a while and even be permanent, if you feel the need to make it that way. The divorce process can last several years, but this is uncommon.
Legal Separation vs. Divorce: Why Separate Instead?
So why would someone choose to separate if they already know that they no longer want to be with their current spouse?
Aside from the easier transition into a future divorce (if necessary), there are several reasons that one or both spouses would prefer a legal separation.
First, it may align more with their beliefs. There are some people who do not believe in divorce as a concept, and separating allows them to live their own lives without resorting to a permanent solution.
Separating might be easier on any children. Parents may want to make things easier emotionally for their children by separating and staying in the same household.
If one spouse has benefits, like health insurance benefits, a person may choose to remain married to help their spouse. This isn’t uncommon in situations in which one spouse has a serious illness and cannot afford hospital bills without insurance from the other spouse.
If this is the case, make sure that you look into any regulations about legal separations in your insurance plan. Some insurance companies no longer allow separated partners to share benefits.
Legal Separation or Divorce: Which Is Right for You?
Legal separation and divorce are similar enough that they’re both valid options for most couples who no longer wish to remain in their relationships. There are pros and cons to both, and it’s often best to try separating before you commit to a divorce.
Are you in need of a professional divorce lawyer to make your divorce or separation easier? At Husker Law, our team can help. Contact us at 402-415-2525 for a consultation today.
