Legal Separation vs.Divorce

Divorce is defined as the dissolving of a marriage which releases the husband and wife from all matrimonial obligations.

A legal separation does not end the marriage. A court order is created to outline the rights and responsibilities of both the husband and the wife while they are living apart. The couple remains married by law, but they agree to live separate lives. Parts of the separation agreement can specify division of assets and debts, child custody and child support, visitation schedules and spousal support. This agreement will set the precedent in the case of a divorce. If both individuals agree to divorce and the case goes to court, the judge will assume that both parties were satisfied with the existing separation agreement, and it will stand as the divorce settlement agreement.

There are advantages to obtaining a legal separation over filing for a divorce:

• If both parties are unsure about the marriage and what they see as the best solution to their problems, a legal separation agreement allows each individual time apart to decide if divorce should be the next step.
• A legal separation allows each spouse to retain any medical benefits which they would automatically lose in a divorce.
• For a military spouse, he or she may want to remain married for 10 years in order to take advantage of certain benefits in place by the Uniformed Services Former Spouse Protection Act.
• For individuals with religious beliefs that would conflict with divorce, a legal separation will allow both parties to live separately without going against those beliefs.
• Finally, a couple may choose to obtain a separation agreement in order to remain married for 10 years and take advantage of Social Security benefits for a spouse.

Rauseolaw is here to help you decide which step is right for you and your family. Contact a Middlesex and Essex County divorce attorney now for a free consultation.