Choosing between legal separation and a divorce is often a difficult decision. There are a number of life situations when legal separation makes sense.
Here are the top five reasons for choosing legal separation over divorce:
1. Uncertainty: Legal separation may be a good starting point if a couple is not certain they want to end their marriage. If the couple decides to reconcile in the near or distant future, a legal separation can be reversed. A divorce cannot be altered or reversed. There is no need to remarry with a legal separation because the marriage was never dissolved.
2. Personal Preference: For some couples, a legal separation makes sense when neither party plans to remarry in the near future or there is simply no desire to fully dissolve the marriage.
3. Religion: Sometimes couples choose a legal separation for religious reasons. For example, there is a desire to live separately but the couple wishes to maintain the covenant vows made on their wedding day.
4. Children: Divorce can be very difficult for children. Some parents choose to legally separate and put off a divorce until after their children leave the home or until their family is ready to deal with the significant life changes divorce causes.
5. Necessary Division: Legal separation is a helpful option for couples that live in states with lengthy separation periods prior to a divorce. During the separation period, the couple can resolve issues such as the division of property. The benefit is that this prevents the couples assets and debts from being further intertwined during the separation period.
These are common reasons for choosing a legal separation, but remember that every situation is different we recommend that you seek the advice of an attorney.