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What Are the Benefits of a Legal Separation Versus a Divorce?

Divorce, like marriage, seems so final, and for many couples, that finality is intimidating. Many individuals are unhappy with their marriage, but feel that to permanently end the union is too drastic of a measure. If you no longer want to be with your spouse but do not feel comfortable with an official divorce, there is a middle ground. A legal separation is the path that many couples take to achieve that “comfortable in-between” between divorce and marriage. If you and your spouse want to learn more about a legal separation and what it entails, reach out to the Boca Raton family law attorneys at the Law Offices of Schwartz | White to schedule an appointment today.

Benefits of a Legal Separation

A legal separation is a legal course that puts into action certain aspects of a divorce, but does not legally end the marriage as a divorce does. This is beneficial for individuals who enjoy certain perks of marriage, such as lower taxes, health insurance, and even citizenship. Whereas divorce would have removed those perks, a legal separation ensures that they are still in place for the couple to take advantage of.

One of the most common reasons for couples to choose a legal separation over divorce, however, is the fact that it is not permanent. Many couples just need their space from one another and to work out the issues of their marriage on their own separate terms. Oftentimes, a couple will find that the time apart was exactly what they needed, and end up getting back together. Just as often, however, the couple will learn that they truly are happier alone and will decide to move forward with a full divorce.

Deciding the Terms of Your Separation

If you and your spouse decide to take the legal separation route, there are still decisions you have to make. It is called a “legal separation” because the law still needs to get involved to ensure that your interests are protected. Just as in a divorce, you and your spouse will need to consider the following:

  • Property division;
  • Child custody;
  • Child support;
  • Spousal support; and
  • Living arrangements.

For instance, you and your spouse may be on the fence about a divorce and so do not want to sell the family home just yet. You will need to decide who gets to stay in the family home in the meantime, and who will have to move out.

Unfortunately, when it comes to making decisions like these, a legal separation is very much like a divorce, and just as complicated as one. Like a divorce, a legal separation can become a long and drawn-out process; the good news is, though, that if you do decide to get a full divorce, the terms will already be decided. And if you decide to remain married, undoing a legal separation is as simple as moving back in with one another.

Reach Out to a Boca Raton Family Law Attorney

If your marriage is in turmoil and you need to take a step back to gain some much-needed perspective, a legal separation may be the best option for you. To learn more about the legalities of a legal separation, reach out the Boca Raton family lawyers at the Law Offices of Schwartz | White today. Call 561.391.9943, or contact us online, to schedule your appointment.

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