Don't Deal With a Personal Injury On Your Own

Don't Deal With a Personal Injury On Your Own

Legal Separation And Divorce: How Are These Two Processes Similar And Different?

by Joan Bradley

Are you looking to end your marriage, but not sure if you should get a divorce or a legal separation? If so, it helps to know the differences between these two legal processes of ending a marriage.

The Similarities

It will help to know what the similarities are between these two legal processes. Both will require that you divide property and debt between you and your spouse. Spousal support and child support will also need to be decided on. In fact, the legal process is very similar, with you and your spouse going through mediation to make most of the decisions. Anything that cannot be decided on will be decided in a trial, where a judge or jury will make a final decision about the matters you are indecisive on.

The Differences

There are many key ways that a divorce and legal separation are very different from each other.

You're Still Technically Married When Separated

The key difference between a divorce and legal separation is that you and your spouse will still technically be married by the end of the separation process. You'll find that many people get a legal separation because their religion does not allow divorce. Both people may want to separate, but because of the commitment they made to God, they are unable to legally file for a divorce. 

You're Unable To Remarry When Separated

A separation also means that you are unable to marry another person after the separation is made legal. You can feel free to date other people, but marriage will not be allowed. This means that spousal support will not end when your former spouse finds another person, because they will technically never be able to marry unless you change your legal separation to a divorce. 

You're Able To Qualify For Marriage Benefits When Separated

Many people request a legal separation to maintain some of the benefits that come with being married. For example, a couple may use legal separation so that they can stay on their spouse's health insurance plan through their employer. 

You're Able To Separate Your Finances When Separated

Some people seek legal separation because they want to use the legal benefits of separating your finances from another person. Maybe you're not quite ready to get divorced, but you want to start the process of dividing your finances when you are ready to do so. A legal separation can help with unmerging bank accounts and deciding on who owns your shared assets. If you decide to not get divorced, you can simply maintain the legal separation and not much will technically change. 

To learn more about your options, speak to a legal separation attorney.


About Me

Don't Deal With a Personal Injury On Your Own

You walk into your favorite grocery store and right away, you slip and fall only to sprain your ankle. You can't perform your job because it requires standing on your feet all day, which means that you can't make any money to support your family while your ankle heals. There was no warning that the floors were wet after being cleaned in the store – so what do you do? It's probably a good idea to think about filing a personal injury lawsuit. Of course, anyone with experience with a personal injury case will tell you just how important it is to work with an attorney throughout the process. I'd like to share insight I've learned through three personal injury cases that I myself have had to go through in the past. I think the information on this website can help people like you, who need some personal injury guidance.