What Is The Difference Between Divorce And Legal Separation?

No one wants a breakup. No one plans for a break up either unless you are the one initiating the breakup. Sometimes breakups are wanted by both sides, and sometimes the couple just wants to test the water by taking a break, but not a full, clean break. If you and your partner are considering a break but aren’t ready to commit to a full divorce, you have an option: “legal separation”.

The main difference between legal separation and divorce is the amount of legal liability you have between the partners. Legal separation is often the step before a formal divorce. Sometimes couples want to test the waters of separation and see how it feels. Sometimes absence makes the heart grow fonder and the ability for reconciliation is there once separation occurs without much legal ramification. Also, legal separations are good for couples who come from heavy religious backgrounds. Religious couples may be socially ostracized for getting a full divorce, so a legal separation eases the social acceptance of the couple’s separation. Then there are the couples who can’t really afford to completely separate. This doesn’t mean that one couple can’t live financially without the other, but there are circumstances, like insurance issues, where a partner would benefit still staying on their partner’s insurance plan. There could also be a tax benefit necessary for both partners as you can still file taxes as married and not divorced. Last, legal separation allows for couples, who are able to be amicable, to talk through their problems relating to child custody, asset distribution, and other finances.

Divorce is exactly how it sounds. Divorce is a clean break from your partner. It means that any finances are finalized and alimony has been decided alongside plans for children if there are any. There is no legal liability for either partner as well as no joint debt. Divorce is very official where as legal separation is a greyer shade. Depending on your situation, you and your partner have these options.

Emy A Cordano is a Salt Lake City Legal Separation Attorney who specializes in family law, divorce, child custody, alimony, and, of course, legal separation. With over 20 years of experience, Emy A Cordano Salt Lake City Legal Separation Attorney understands the hardship of breaking up because she has been through it herself. She is empathetic and thorough when going through your options as a couple. Legal separation can sound encouraging. It not only helps couples adjust, but it can also help any children that are involved too.

Just as any legal step, this kind of separation does require paper work and there is a time limit of one year to how long the separate maintenance will last. In working with Emy A CordanoSalt Lake City Legal Separation Attorney, she will ensure that you and your partner will create a separate maintenance agreement that fits the need of the family. If you are ready to embark on this journey why not be it with someone who personally knows the journey? Give us a call (801) 901-8159 or click here to get more insight into how we can make this hard emotional journey easier for you.

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