What is the difference between a divorce and a legal separation?
A legal separation does not end a marriage. During a legal separation the court assigns an outline of rights and responsibilities for each spouse while they live apart. You remain legally married while choosing to live separately. In the outline for separation you may address issues such as assets and debts, child support, spousal support, child custody, and visitation schedules.
Many of the same issues addressed during a divorce are addressed in a legal separation agreement. Your legal separation can protect your interests until the decision is made to file for a divorce. During the filing for a legal separation you may set precedence for the divorce that may follow. If you file for a divorce the court may look at your legal separation as an agreement to be carried over to the divorce settlement. Your legal separation should be looked at carefully and planned for as an agreement to issues that you can live with long term. An experienced Legal Separation Attorney should guide you through the steps and issues that may arise while filing for legal separation.
Though a divorce and legal separation may be seen as having many things in common there are multiple advantages to a legal separation…
- Couples are allowed time apart away from conflict of the marriage to decide if divorce is really in their best interest.
- Legal separations allow for the continued retention of benefits, including medical and other forms for which a divorce would bring to an end.
- Military spouses may want to remain married for 10 years to take advantage of the benefits set up by the Uniformed Services Former Spouses Act.
- You are able to retain your marriage while you live separately for religious beliefs.
If a decision for a divorce has been made, the legal separation agreement can be converted into a divorce settlement agreement.
Rancho Mirage Attorney Barbara E. Kristal has over 25 years experience dealing with Family Law issues and brings a seasoned view to all cases. Her helpful staff is ready to help and guide you through any procedure you require help with. Please fill out our Family Law Interview Form and bring it with you to your first consultation.
Contact an experienced Palm Desert Divorce Lawyer today to schedule your consultation.