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LEGAL SEPARATION VS DIVORCE
Which Is The Better Option For You?

Legal separation VS divorce? Well, legal separation provides an alternative for married couples who can't continue a life together and want something a little more legally binding than simply living apart, but aren't yet prepared to file for divorce.

Though in the eyes of the law a couple is still considered to be married, legal separation works to more clearly define the roles and responsibilities of each spouse. Since these decisions are documented and approved by a judge by way of a court order, they are legally enforceable.

Living apart from your spouse may seem as though divorce, rather than separation, is the most logical step to take. However, in some circumstances, becoming legally separated may be more beneficial to couples.

Go to Legal Separation vs Divorce Resources

Most Common Reasons for Legal Separation

  • Not sure about divorce - a "trial divorce"
  • Possibility of reconciliation
  • Religious beliefs prohibiting divorce
  • To maintain health or other insurance
  • Tax considerations
  • To maintain social security benefits
  • A period to "work out problems" or "change"
If you choose to pursue a legal separation, the first step is to consult with an attorney specializing in family law. Since family law specialists frequently deal with divorce and child custody issues, they are well-versed in the issues that a legal separation agreement needs to address.

The issues to discuss with your attorney before completing an agreement are vast and include things like child custody, division of assets and assignment of financial responsibilities. Though the situation may be amicable at first, it's important to protect your own interests.


If a legal separation should progress to divorce, how you divide your assets now will most likely be how they remain in a divorce case - So file a legal separation carefully!

It's important to make sure little details, like removal of names from deeds, titles, bank accounts, credit card accounts and leases, are all part of the separation agreement. In some cases, couples are able to come up with an agreement working together with one attorney, but in others both spouses will consult their own lawyers.

STATE SPECIFIC Legal Separation Kit For Couples WITH Children

STATE SPECIFIC Legal Separation Kit For Couples WITHOUT Children

STATE SPECIFIC Property Division Worksheet Kits

Separation or Divorce Story?

Do You Have A Story You Could Share?

If you've got story to tell about a legal challenge you've faced, please take a minute to share it. I'm sure that there's someone it could help in some way.

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