Why Would You Get A Legal Separation Instead Of A Divorce

Legal separation is a process in which a married couple can live separately while remaining legally married. During this situation, the couple is still legally responsible for each other and their joint debts. The couple can also still make decisions about each other’s medical care and children.

So why would you get a legal separation instead of a divorce? If you wish to know more, then we advise you to read further as we’ll tackle this topic in today’s post.

Why Do Some Couples Choose To Legally Separate?

There are several reasons why a married couple might choose to get a legal separation instead of a divorce. One reason might be in the case of religious beliefs, particularly if the spouses belong to different religions and their beliefs are already causing a rift in their marriage. Another reason might be financial. If the couple owns a home or other property, they may not want to have to divide those assets in a divorce. Or in other cases, a spouse is committing financial abuse against his/her marital partner.

Financial abuse is when one takes control of the other spouse’s money or resource. This can include refusing to let the other spouse have access to money, preventing the spouse from working, or spending money without the other spouse’s consent.

In addition, if a spouse has had an affair, the other spouse may file for legal separation on the grounds of adultery. Likewise, if one spouse has abandoned the other for a period of time, the other spouse may file for a legal separation based on abandonment. And if a spouse is physically or emotionally abusive, the other can file for legal separations on the grounds of cruelty.

Moreover, infertility can be a ground for legal separation in some states. If one spouse can’t have children and the partner wants to have children, they can choose to legally separate.

How To File For Legal Separation?

When you decide to file for a legal separation, there are certain steps that you need to take in order to make the process go as smoothly as possible. Here are some steps that you have to go through if you want to be legally separated from your spouse:

1. Gather all the necessary documents. You will need to provide your marriage certificate, your divorce decree (if you have one), and proof of residency.

2. Choose the right time to file. Try to avoid filing during a holiday or during a time when your ex-spouse will be out of town.

3. Draft a separation agreement. This document will outline the terms of your separation, including child custody, property division, and spousal support.

4. Notify your creditors. Let them know that you are no longer married and that they should stop trying to contact your ex-spouse.

5. File the paperwork with the appropriate court. You will need to file in the county where you reside.

6. Wait for the court to grant your separation. This process can take anywhere from a few weeks to months.

7. Once you are granted a legal separation, you will be able to live separately from your ex-spouse and start rebuilding your life. You can check out this link if you want to learn about legal separation in California.

Why Choose Legal Separation Over Divorce?

Choosing legal separation over divorce may prove to be practical because of the following reasons:

• Some religions require that couples must attempt to reconcile before considering divorcing their marriage.
• If the couple owns property or has children together they may not want to divide these assets to become legally emancipated.
• In some states, the couple may still be able to file taxes jointly if they are legally separated.
• It allows one spouse to stay on the other spouse’s health insurance plan or maintain eligibility for retirement benefits.
• It can provide a sense of security and stability for a couple who is uncertain about their future.
• It is a recommended option if there is still an ounce of hope that the couple can get back together and make their marriage work the second time around.

If you are considering filing for legal separation, you should consult an attorney who can help determine whether or not you have grounds for legal separation in your state. If you don’t have grounds, they can file the appropriate paperwork and represent you in court.

And when all else fails and the marriage is beyond repair, the next practical solution is to hire a divorce lawyer and file for a divorce.