While most couples strive to resolve their differences, eventually some marriages can’t be salvaged. While divorce is always a legal option, you may not feel ready or have other reasons not to proceed with a dissolution. Fortunately, family law in many states allows couples to file for a legal separation, which protects your interests while preserving some of the vital legal rights of marriage.

What Is Divorce?

A divorce fully severs the legal bond between you and your spouse, including your rights to inheritance, shared health insurance, and hospital visitation. To protect the rights of both parties, family law courts issue a divorce decree, setting important issues such as child support and custody arrangements, spousal support, and how the marital property should be divided. Once the divorce decree is issued, the marriage is permanently dissolved, leaving each party free to remarry if they choose.

How Legal Separation Differs

A legal separation offers some of the security of divorce without formally dissolving the marital bond. When drafting a legal separation, you and your spouse may settle all the issues involved in a typical divorce in a document that has the force of a legally binding contract. However, you will still have the right to stay on your spouse’s health insurance and retain all the other benefits of being legally married. If you choose to divorce later, a family law attorney may include language making the contract the basis of the divorce settlement or you may simply cancel it if you and your spouse do eventually reconcile.
 

Since 1992, Brown, Burgoon, & Hartnagel, P.C. has provided clients throughout New York’s Rockland and Orange counties with compassionate, zealous legal representation in a wide range of family law matters. If you’re considering divorce or want to file for legal separation, rely on their legal team to ensure your rights are protected. To schedule an initial consultation, visit their website or call their offices at (845) 624-1966.