Making the decision to divorce is never easy, even for couples unhappy with their relationship. Many states offer legal separation as an alternative. If you and your spouse no longer want to be together but aren’t ready to permanently dissolve the marriage, this option may be best for your situation. However, it’s still a change that requires careful consideration and a clear understanding of what to expect. The following information helps answer some of the common questions people have when contemplating separation. 

A Brief Guide to Legal Separation

How is legal separation different from divorce?

The primary difference between legal separation and divorce is how the law views the state of your marriage. If you petition for a separation, you may reside in different households and conduct separate lives, but you’ll legally remain married. This means you’re not able to remarry. With a divorce, the marriage is completely terminated and parties are free to remarry if they wish to do so.

What is a separation agreement?

Similar to those going through a divorce, spouses who opt for legal separation must have a written document outlining resolutions for issues that arise when a married couple separates. This includes the division of assets and debts, child custody, child support, and spousal maintenance. A separation agreement is legally binding and can be negotiated by both parties or decided in court if an agreement cannot be reached.

Why do people choose separation over divorce?

Despite having marriage troubles, not all couples are ready to finalize their relationship status with a divorce. Spouses may choose separation over divorce for religious reasons, financial security, or to maintain health insurance benefits. If there’s a possibility of reconciling, separation can be a way for each party to take time to figure out what they want before making a final decision.

Do I need a lawyer for a separation?

Though you’re not legally required to hire a lawyer when seeking a separation, it’s generally in your best interest to receive counsel. Legal separation involves many of the same issues as divorce and can be challenging to resolve on your own. Having a lawyer guide you through negotiations will help ensure your rights are protected and fairly represented in the settlement agreement.

Before moving forward with a legal separation or divorce, turn to the Law Offices of Brian J De Lima for sound legal advice. Based in Hilo, HI, this team of lawyers is dedicated to helping families across the Big Island navigate a smooth transition from marriage to the next chapter of life. Offering more than three decades of experience, they’ve successfully handled numerous family law cases, giving each one the attention and support it deserves. Call (808) 969-7707 to schedule a consultation, or visit them online to learn more about their services.