Share:

The end of a marriage comes with major life changes and significant stresses. For many people, one of those anxieties can stem from deciding between divorce and legal separation. How can you tell which option is right for you? Below, family law attorney William A. McWhorter in Pell City, AL, answers this question in greater detail.

Finality & Legally Binding Actions

The biggest difference between divorce and legal separation is that divorce will permanently end your marriage. This path is most appropriate for couples who are certain their union is over and need resolution to move on. Legal separation, on the other hand, is better suited to partners who are unsure about the fate of their marriage and need time apart to reevaluate the relationship and its future.

family law attorneyWhichever you choose, both options involve drawing up legally-binding agreements that each spouse must adhere to. In a legal separation, the documents make provisions for child custody, spousal and child support, and division of property. The terms can be renegotiated or voided if the couple chooses to give their marriage another shot. In a divorce, the terms of these documents are typically permanent or adjusted to reflect the needs of each party as they end the union.

Making Separation Legal

If you find that separation is more appropriate for your situation, pursue the required channels to ensure it is a legal one. An informal separation, or a "trial period" of living apart, is not legally recognized, meaning you are still, in the eyes of the law, married. Many enlist a family law attorney to help with the process and protect themselves in case the relationship breaks down and results in divorce.

Do you need seasoned representation? Family law attorney William A. McWhorter represents St. Clair County residents who are seeking divorce or legal separation. Backed by over 20 years of experience, he is the area’s premier lawyer and will fight to protect your rights and best interests during this difficult process. Call (205) 338-4411 or visit his firm's website to schedule a consultation with a family law attorney today.

tracking