When a couple decides they are no longer happy in their marriage, they can pursue either legal separation or divorce under family law. Both arrangements have advantages and drawbacks, and the best one for any given situation will depend on a variety of factors. Here is what you should know between the two if you’re thinking about ending your marital relationship. 

Legal Separation

Couples who establish a legal separation are still married in the eyes of the law. However, like divorced couples, they have a separation agreement in place. This is an official court order detailing both parties’ rights, responsibilities, and obligations regarding ongoing financial support, property division, child custody, and other aspects of their new family dynamic.

There are a few reasons why a couple might pursue legal separation. First, they may not believe in divorce for personal or religious reasons. Second, they may not want the permanence that divorce brings; a legal separation can be a temporary arrangement for couples who need some time to resolve certain issues before resuming married life. Third, those who are legally separated are still entitled to the benefits that come with marriage, such as health insurance coverage, pension payments, Social Security benefits, and the legal authority to make decisions on the other’s behalf. 

Divorce

Divorce dissolves a marriage, thereby eliminating the benefits that came with tying the knot. This is ideal for those who want a fresh start because it essentially eliminates all legal obligations the parties have to each other. There may be a child support or alimony arrangement in place after, but both parties are free to remarry if they please. 

When a couple wants to get divorced, they still have to devise a separation agreement under family law. If the couple shares children or significant assets, the ensuing negotiations can get fairly contentious. If they cannot reach satisfactory compromises regarding the terms of the agreement, a family law judge will have to step in and take control. 

If you want to establish a legal separation or file for divorce, turn to Coyne, Cundiff & Hillemann, P.C. Located in Lake St. Louis, MO, this full-service firm provides comprehensive legal counsel for clients throughout St. Charles County. Led by three lawyers who have more than 75 years of combined experience, they assist with criminal defense, personal injury, and family law. To reach out and request a case review with a strategic divorce attorney, fill out the form on their website or call (636) 561-5599.