When your relationship with your spouse is in decline, you may decide to take legal action. Divorce, however, is not your only option. Separation is a less definitive route. If you’re unfamiliar with this concept and how it differs from divorce, consult the following guide before meeting with a divorce attorney.

A Guide to Divorce vs. Separation

What Are the Main Differences?

When you get divorced, you jump through a series of legal hoops to end your marriage in the eyes of the law. Just as obtaining your marriage license required an official legal act, so does divorce. As the divorce process proceeds, the courts will split up your shared property, decide where the children will live, and set financial support for both spouses and children. When it’s complete, you can remarry. When you opt for a legal separation, you’ll go through the same proceedings—splitting the property and agreeing to child support and custody terms—but you will remain legally married, unable to remarry until divorced.

Why Would I Choose Separation Over Divorce?

If you’ve been on poor terms with your spouse and would like some space to let tension dissolve and work through your disagreements, a separation may be the right choice for you. It works for couples who believe they may be able to reconcile and for those who may not want to end their marriage for good without spending some time apart. Separation is also chosen by those who are averse to the concept of divorce, either for personal, social, or religious reasons. 

When Is Divorce Better?

If you are convinced that your marriage is not working, you may want to move ahead with a divorce, skipping the in-between separation phase. Also, if you feel that you and your spouse won’t be able to come to an agreement on terms for child custody and support, a divorce is the better choice. When you decide to end your marriage, your divorce attorneys will work together to create an agreement that suits both of you.

Whether you’re motivated to pursue a separation or a divorce, turn to Edmiston Law of Scottsboro, AL. Led by Parker and Dawn Edmiston, this firm has over 20 years of experience creating individualized legal strategies for their clients. Whether you’re looking for a divorce attorney or facing a DUI, you can count on them to help you pull through. For more information about their practice, visit them online. You can also call (256) 259-0834 to arrange for a consultation today.