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Many times couples feel they need time apart but aren’t sure if they want to get divorced. In situations like this, a couple may consider legally separating while they work out their differences. If you and your spouse are at this point, you should consult a family law attorney to learn more about your options. However, before doing so, it’s important to have a basic understanding of the possibilities. Here is a quick guide to the differences between a separation and a divorce. 

How Legal Separation Differs From Divorce 

Separation 

family lawA legal separation provides spouses with an alternative to divorce. The marriage will stay intact during a separation despite the parties no longer residing in the same household. They will go through the process of dividing debts and assets, determining child custody, and working out child support and alimony payments, but certain tax and health benefits will remain the same. A separation is also easy to reverse, as a couple can simply get back together without having to get remarried. 

Divorce 

In contrast, a divorce legally terminates the marriage, and both parties are free to remarry. Divorce tends to be more emotionally challenging, especially for children. Depending on how contentious the relationship is, ending a marriage can take longer and cost more than a separation since the parties will need to work with family law attorneys and come to a settlement in court.  

 

Whether you decide to separate or get a divorce, when you need assistance navigating the complex legal process, Cheryl A Beverson, Attorney At Law is here to help. Attorney Beverson offers more than two decades of family law experience and has helped guide numerous Orange County, NY, residents through this difficult time. She will ensure that your rights are protected, and she’ll provide you with the representation you need to achieve a favorable outcome. Call (845) 341-0008 to schedule a consultation, or visit her website to learn more about her family law services. 

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