If your marriage is facing trouble, you may be wondering whether to pursue legal separation or divorce. In the state of Tennessee, both are viable options for couples who are having difficulty supporting their relationship. Here’s what a family law attorney might tell you about these two legal arrangements so you can determine which is best for your particular circumstance.

A Guide to Legal Separation vs. Divorce Processes 

Similarities

Both legal separation and divorce provide couples the opportunity to pursue their own lives outside their marital relationship and involve the same court proceedings. For example, both require a couple to divide their assets and come up with a custody arrangement for any children they share so they can live apart. When you consider the legal ramifications of separation and divorce, however, the similarities end there. 

Differences

Couples who separate are still considered married in the eyes of the law. As such, they may continue receiving all the benefits that come with being married, such as various tax breaks and shared insurance plans.

Couples who divorce, on the other hand, end their marriage and divide their assets. They lose all the benefits of being in a marital relationship—such as joint business and property ownership—and both parties are legally free to marry someone else.

How to Choose

Legal separation leaves room for reconciliation. It can allow couples to resolve financial and custody issues on lawful grounds with an attorney while reevaluating their marriage with time spent apart. Couples who want to remain married for financial, religious, or personal grounds are encouraged to pursue legal separation. Divorce, however, involves permanence. If you’re certain the marriage cannot work, you lose nearly all assets associated with your spouse with the signing of a divorce petition. 

If you want to pursue a legal separation or divorce, turn to the strategic attorneys at Castles Family Law in Brentwood, TN. Their law professionals have assisted families from Davidson to Cheatham counties in their marriage processes with effective, comprehensive legal advice. They tailor their legal approach to your circumstances and accommodate for financial and custody disputes. Call (615) 804-6086 to schedule a consultation with an attorney or visit their website to browse their other areas of practice.