When a married couple chooses to end their relationship, divorce is often considered the only option. But there’s another possibility: legal separation. With the help of a divorce lawyer, you can determine which choice is best for your needs.

Divorce

A divorce is the formal ending of a marriage. Following a divorce, both parties can legally remarry. Marital assets and debts are also split, and both individuals live separately.

Terms of the divorce, including alimony, child support, and child custody, are established with the help of divorce lawyers and finalized by the court. When a divorce takes place, there is no going back to reverse it. 

Legal Separation

In a legal separation, both partners live separately and have independent finances but remain legally married. Some couples pursue this option for religious or financial purposes. For instance, one spouse may remain on the other’s health insurance even after they’ve separated, or both partners may continue to enjoy tax benefits by staying married. In other cases, the couple can use a legal separation as a trial period before a formal divorce to see if reconciliation may be possible.

Even if you’re separating without a formal divorce, it may still be helpful to enlist the expertise of a divorce lawyer. You’ll still need to set terms for child custody, visitation, spousal support, and child support, so a legal professional can help you negotiate fair terms. Moreover, if you do decide to finalize the end of your marriage down the road, you’ll likely need assistance with filing the necessary paperwork.

If you’re considering a separation or divorce, turn to The Law Office of Edward J.S.F. Smith. Having served the Honolulu area since 1995, this divorce lawyer and his team will assist you with any aspect of separation, including the initial filing. Explore the firm’s full list of practice areas online, or call (808) 523-6936 to schedule a consultation call.