Divorce and legal separation are potential solutions when you can no longer remain with your spouse. Each option allows you to reevaluate your goals and gain some independence. While a divorce lawyer will clarify the specific differences between these arrangements, the overview below provides a helpful introduction.

What to Know About Ending a Marriage

What’s the difference between divorce and separation?

Divorce is when you file a motion to completely end the marriage. The judge will examine the evidence and resolve any disputes before finalizing the divorce.

A legal separation also goes through the court, but doesn’t change your marital status. It simply allows the state to recognize you as a separate individual to protect you against a spouse’s debts and contracts.

Are there benefits to choosing legal separation?

Separation takes less time and makes reconciliation easier. If you decide to get back with your spouse, you only have to file a request to end the separation order instead of remarrying. 

This option also allows spouses to maintain each other’s employer-sponsored benefits, including health insurance. This might be beneficial if either party has a chronic health condition.

How can I get a legal separation approved?

As long as you have been a resident for at least 60 days, the state will accept a petition for legal separation.

However, the request must include a reason for the split. Separation typically only requires a brief explanation since it won’t result in marriage termination. Once the request is approved, there’s a 120-day waiting period before you can separate.

Will my behavior during legal separation affect child custody decisions?

The court always looks out for the best interests of the child. If you fail to visit your child when you’re separated, the courts might decide that the other parent is the primary caretaker and should then receive priority. The judge will evaluate your lifestyles, finances, and any other evidence submitted by divorce lawyers to make custody decisions.

If you want to split from your spouse, turn to O’Neill Law Firm, LLC of La Crosse, WI. Serving the Coulee Region, this divorce lawyer provides legal counsel backed by more than 22 years of experience. He handles matters involving child custody and visitation rights to help with every step of the process. Call (608) 519-3551 to request a consultation, or visit his website for additional information on his services.