When a marriage cannot be saved, some states offer the option of a legal separation, which may have some advantages depending on your unique situation. While it follows the same process as a divorce, a legal separation in most states leaves the marriage intact, preserving some legal rights and responsibilities. Whether a divorce or a legal separation is right for you will depend on a variety of factors, including your religious beliefs and financial situation.

The Legal Separation Process

A legal separation requires the couple to reach agreements about the same set of issues that must be settled in a divorce including division of property and debts, support arrangements and child custody. In either case, the court will issue a decree making these decisions legally enforceable.

The Benefits of a Legal Separation

For couples in a broken marriage who do not want to divorce for spiritual or religious reasons, a legal separation may be an option to consider. Preserving the marriage may also allow an individual with a chronic medical condition to remain on their spouse's health insurance policy while living as though they were divorced. Finally, a legal separation provides a path forward for couples who may not be ready for the finality of a divorce.

Legal Separation Resolutions

If you decide to reconcile with your spouse, you may choose to revoke the legal separation. However, if you do eventually decide splitting up is right for you, your separation can also be converted into a divorce, which will make the terms of the agreement permanent.

The family law attorneys at Guillien Van Nuland, LLC pride themselves on their compassionate approach to the legal system and the superior services they provide to each client. For help determining whether a legal separation or a divorce is right for you, call their offices at (608) 782-4411 today, or visit their website to learn more about their family law services.