If you're considering ending your marriage, you may be wondering whether a legal separation or a divorce is the better option for you. While both options involve the division of assets and debts, child custody and support, and spousal support, there are some key differences between the two. Here are some factors to consider when deciding whether to pursue a legal separation or a divorce.
Your Relationship with Your Spouse
If you and your spouse are open to the possibility of reconciliation, a legal separation may be a better option than a divorce. A legal separation allows you to live apart and make decisions about child custody and support, spousal support, and property division, but it doesn't legally end your marriage. If you later decide to reconcile, you can easily resume your marriage without having to go through the process of getting remarried.
Your Financial Situation
If you're concerned about the financial impact of ending your marriage, a legal separation may be a better option than a divorce. During a legal separation, you and your spouse can still file joint tax returns, which may result in lower taxes. Additionally, if you're eligible for certain benefits, such as Social Security or military benefits, a legal separation may allow you to continue receiving them.
Your Religious Beliefs
If you have strong religious beliefs that prohibit divorce, a legal separation may be a better option for you. While a legal separation allows you to live apart and make decisions, it doesn't legally end your marriage. This may allow you to maintain your religious beliefs while still living apart from your spouse.
4. Your Emotional Well-Being
If you're emotionally ready to end your marriage and move on with your life, a divorce may be a better option for you. While a legal separation allows you to live apart, it doesn't legally end your marriage, which may prevent you from fully moving on. Additionally, if you're ready to start dating again, you'll need to get a divorce before you can legally remarry.
5. Your Future Goals
If you're concerned about your future goals, such as buying a house or starting a business, a divorce may be a better option for you. A divorce legally ends your marriage, which means you can make decisions about your assets and debts without having to consult with your spouse. This may allow you to pursue your future goals without any legal obstacles.
Deciding whether to pursue a legal separation or a divorce is a personal decision that depends on your unique circumstances. If you're still unsure which option is right for you, it's important to consult with a family law attorney who can help you understand your options and make an informed decision.
At Burch Shepard Family Law Group, we understand the complexities of legal separation and divorce. Our experienced attorneys can help you navigate the process and ensure that your rights are protected. Contact us today to schedule a consultation.
