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Legal Separation: Is It A Better Option Over Divorce?

Legal Separation: Is It A Better Option Over Divorce?

When couples fall in love and first get married, they likely aren’t anticipating the relationship ending and not being able to work things out together. Unfortunately, the reality is that it happens all too often, and when it does, it can be a very emotional and difficult time. This time can be hard on the parents as well as any children involved.

When it comes to ending or separating a marriage, there are two legal options. One option is to go through a divorce, and another option is a legal separation. Working with an experienced divorce lawyer can help you decide which path is right for you, and they will be there to offer support on your case from start to finish.

Legal Separation: What It Means

Legal separation means that the couple has agreed to live separate lives but keep the marriage intact. In order for it to be legal, they have to involve the court, in which case the court will release a statement, making the separation official. This allows each party of the marriage some healthy space. Often this offers the chance to reconcile, but for others, they continue on handling their matters such as housing, finances, and decision-making separately.

Why Choose Legal Separation Over Divorce?

There are many reasons a couple may decide to opt for legal separation in California as opposed to divorce. One of the popular reasons may be due to religious beliefs. Many religions do not condone divorce, and so members of these types of organizations will have to opt for legal separation if a situation arises where they would like legal space from their spouse.

Sometimes a legal separation is chosen over divorce due to health or other benefits that one spouse would like to continue to extend to the other spouse. It can also be chosen over divorce for financial reasons. The biggest reason, however, may arguably be when there are children involved. Legal separation will allow parents to make decisions together regarding their children. Divorce is also often said to be much more difficult and confusing for children.

The important difference between a divorce and a legal separation is that when you divorce, your marriage is formally ended, but when choosing a legal separation instead of a divorce, the parties are not able to remarry. The spouses will legally still remain married during the time of separation where they can either remain, decide to reconnect, or if one party would like to remarry, must file for divorce.

Work With An Experienced Law Firm That Cares

Legal separation can act as a pausing point between marriage and divorce to decide what steps to take next. Whether you are looking to resolve your differences to stay in a legally separated marriage, or if you’ve decided divorce is the next step, here at Bruce A. Mandel Divorce & Family Law, we proudly take on each case with care. If you’d like to learn more, contact one of our experienced attorneys or follow us on our Facebook to stay in touch!