If you and your spouse are having problems but are not yet ready to visit a divorce attorney, a legal separation might be the solution. A court order can grant you the right to a legal separation, in which you will still technically remain married but live in separate homes. The legal team at O'Connor, Mikita & Davidson in Cincinnati, OH, explains how this differs from a divorce and why it might be the right option for you.

What Is a Legal Separation?

In some ways, legal separation and divorce are quite similar. You will be separated from your spouse physically and have to negotiate issues like spousal support and division of property. If you have kids, child custody and visitation rights need to be agreed upon.

That said, couples who are legally separated often enjoy benefits divorced couples do not. For instance, social security or health insurance might be awarded to a legally separated spouse—but not an ex. Similarly, there might be tax benefits to remaining married.

Is Legal Separation Right for You?

In addition to the benefits listed above, some couples might choose legal separation because they oppose divorce for religious or moral reasons. Others might simply not be ready to take the step of signing a divorce attorney’s paperwork, seeing it as being the end of a marriage.

For some couples, the time apart offered by legal separation is enough to make them realize that they do want to give their marriage another go. However, if you decide to divorce later, you will face less of a shock. You will already be living independently, so you just need to see a divorce attorney to draft the paperwork.

Whether you are considering legal separation or divorce, O'Connor, Mikita & Davidson can help. With more than 20 years serving the community, this law firm is known for its personalized approach to clients. Their team of professionals can handle everything from bankruptcy to criminal law. Visit them online or call (513) 793-5297 to request a consultation with a divorce attorney.