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Separation and divorce may sound similar, but they have different emotional and legal repercussions on a couple's life. It's always best to consult a divorce attorney if you're considering ending your marriage so that you can inform yourself on your options. To help you get started, here is an overview of some of the differences between these two courses of action.

What Are the Differences Between Separation & Divorce?

1. Marital Statusdivorce attorney

When couples legally separate, they retain their married status and can't wed anyone else. On the other hand, a divorce terminates the marriage and allows both spouses to revert to their unmarried statuses. In a divorce or permanent separation, couples need to address issues regarding child custody and visitation, property distribution, and debt responsibility. 

2. Benefits

A divorce will typically terminate marital benefits such as health care coverage, pension, unemployment insurance, and retirement. However, the final status of each coverage will still depend on the divorce settlement document.

If you opt for a legal separation, these benefits often remain intact. 

3. Debts & Liabilities

Marital debts remain a couple's shared responsibility up until the date they sever their relationship. After a legal separation, one spouse may still be held accountable for the other's debt. For divorced couples, however, debt and other liabilities are managed according to the agreements they reached during the dissolution process. 

Whether you choose to separate or divorce, it's best to put all your agreements in writing, especially when it comes to the distribution of debts and liabilities. Partnering with a divorce attorney will ensure you are signing a contract you fully understand and agree with.

 

Choosing between divorce and separation may get complicated, so trust an experienced divorce attorney at Stephenson & Stephenson, PA in North Carolina’s Lee, Chatham, Moore, and Harnett counties. They will go the extra mile to ensure you make a well-informed decision. You can also rely on their dedication and skill when it comes to other legal services involving prenuptial and separation agreements. Call (919) 774-6182 to schedule your consultation, or visit their website to learn more about their work with family law.

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