It takes hard work and dedication to keep a marriage intact. Unfortunately, some couples find it more difficult than others to resolve their differences. If you’ve reached a point in your relationship where you’re thinking about consulting a divorce attorney, know all your options. The court recognizes two procedures that allow spouses to go their individual ways: divorce or legal separation. Below is an overview of what each entails so you can decide which is wisest for your situation.

Legal Separation 

The main distinction between a legal separation and divorce is that a separation doesn’t terminate the marriage. In the eyes of the law, the parties are still considered married. Also, the court will only need to find that the marriage is “broken” to grant a legal separation instead of “irretrievably broken,” as with a divorce. This means they recognize there’s a chance of reconciliation.

However, a court order will still be issued regarding the division of marital assets, child custody and support, and spousal maintenance. Since a couple remains married when legally separated, they may continue to file joint taxes, and one spouse might be able to maintain health insurance coverage through the other spouse’s employer.

Divorce 

In contrast, going through the divorce process completely dissolves a marriage. This gives both spouses the freedom to remarry, which is not possible with a legal separation. Should the couple decide to reconcile once their divorce is finalized, they’ll have to get married again. If a divorce follows a legal separation, the court can revoke prior orders concerning child custody, child support, and spousal maintenance and issue a new judgment. Working with a divorce attorney is recommended in either scenario to ensure a fair settlement.

If you’re interested in learning more about a legal separation or divorce, contact LaRowe Gerlach Taggart LLP. Offering more than 175 years of combined experience, this seasoned team of divorce attorneys can help you understand the implications both options will have on your family. Over the last 35 years, they’ve successfully handled countless family law matters for the residents of Sauk County, WI. Call (608) 524-8231 to schedule a consultation with a trusted divorce attorney, or visit them online for additional information about their services.