Deciding between legal separation and divorce is frequently a difficult decision. There are a lot of things you need to be mindful of and take into consideration. The following is a list of typical reasons that couples usually decide between divorce, legal separation, or sometimes, both. Know that every situation will differ and comprises of complicated legal questions. An attorney is best suited to help aid you with the legal issues involving legal separation and divorce.
1. Starting Point
When a couple is uncertain that they want their marriage to end, a legal separation might be a good place to start. If the couple decides to stay together in the close or distant future, a legal separation can be reversed, whereas in divorce, the marriage is totally dissolved. In a separation, there’s no need to “remarry” since the marriage was never terminated.
2. Religion or Preference
A legal separation is most appropriate when neither of the couple plan to remarry soon or they simply don’t want to totally dissolve the marriage. Sometimes couples decide on separation because they want to live apart from each other but want to retain the covenant vows enacted on the day of their wedding.
3. Kids
The concept of a divorce may be hard for children. Occasionally parents decide to legally separate and delay divorce until their kids leave the home or until the family is better prepared to deal with the considerable lifestyle changes that accompany a divorce.
4. Trial Period
Couples that live in states with long separation periods before a divorce, a legal separation is an excellent alternative. Throughout the separation period, the couple may resolve issues associated to the marriage such as asset division. This will stop the couple’s debts and assets from being additionally involved throughout the separation period.
5. Health Coverage
A spouse may keep the couple’s health care benefits, particularly if it’s under the name of the other spouse. Getting a divorce typically stops the coverage (depending on the divorce terms).
6. Religious Beliefs
A few religious beliefs and institutions have differing ideas on divorce. Couples who want to live apart may decide to have a legal separation arrangement in order to remain married for religious reasons.
7. Military Benefits
Spouses of military personnel gain benefits from the Uniformed Services Former Spouse Protection Act if they stay married for a minimum of 10 years.
8. Social Security Benefits
Staying married for more than 10 years also entitles couples particular social security benefits.
9. Tax Breaks
After a divorce, taxes must be filed independently.
10. Decision-Making Time
Separation leaves time for both parties to resolve their disagreements to either continue with the marriage or simply settle on divorce and just move on.
Speak with Our Divorce Lawyer in Scottsdale & Phoenix Today!
Moshier Law should be your first choice for when you need the best divorce lawyer in Scottsdale and Phoenix, Arizona. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
Divorce and Family Law
When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, we can meaningfully describe why collaborative law or mediation may or may not be your best option.
