Legal Separation vs. Divorce

Although it is far less used than divorce, some couples opt for legal separation over divorce. The results of legal separation are similar to that of divorce. For example, the divorcees must still decide on child custody and issues surrounding child support. Also, since the couple is still legally married, they may not legally remarry different people. Although it is not always the case, once a couple is legally separated, they rarely rejoin together. If the couple decides they do want a divorce, they cannot file for one until they have been legally separated for six months. A couple may separate for a time without taking the issue to court. However, nothing changes legally. The difference between that and legal separation is that the court recognizes the changes for the couple's children, property, and alimony arrangements.

Reasons for Choosing Legal Separation

Religious beliefs are one of the greatest causes for a couple to opt for legal separation. In those cases, they feel that divorce is out of the question, but they still desire to be apart from one another. A couple may also choose to be legally separated because it accommodates both parties financially. For issues regarding taxes and insurance, a couple may decide that remaining legally married is more conducive to their situation.

Another reason a couple may choose legal separation over divorce is if they foresee the potential of rejoining together. Legal separation allows for a smoother rejoining process than a divorce. Sometimes a couple thinks they simply need time apart from one another in order to talk through their problems and try to resolve conflict. Although they still must work through issues surrounding property rights and child custody in legal separation, the rejoining process is generally much smoother.

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