Ending a marriage can be emotionally and financially devastating to all involved. There are so many issues to address that no decision should be made in haste when faced with this life-altering event and deciding between legal separation vs. divorce.
When an individual decides that staying with their spouse is not a viable option, they may seek a legal separation or divorce. Each action has its own legal implications and one would be advised to compare legal separation vs divorce to determine which action would be most beneficial for an individual’s circumstance.
Considering Legal Separation? Understand what it means to be legally separated.
Legal separation requires filing documents in court. Child custody, property possession, and debt payments must be addressed These actions may require court appearance and the accrual of legal fees. The couple is still legally married during separation and one spouse may share legal responsibility for a debt undertaken by the other spouse. The individuals cannot marry other people while separated.
The couple can retain spousal benefits such as health coverage or life insurance while legally separated. For those whose religious beliefs do not approve of divorce, a legal separation allows them to leave a poor relationship without breaking the bonds of matrimony. Legal separation can give the couple time to see what life would be like without the other. It also can be dismissed should they decide to reconcile and continue the marriage. A legal separation may allow you and your spouse to reconsider your marriage and possibly repair it. This is one of the many pros to a legal separation vs divorce.
Considering Divorce? Understand the pros and cons of getting a divorce.
Being divorced stops any and all types of marital benefits. There are five applicable grounds for divorce in New York that are recognized by New York divorce courts. Each spouse must obtain individual policies for health coverage and life insurance. Each part of the couple is only responsible for debts incurred by themselves. Divorce can be more involved and generate higher legal fees. If you are already suffering from major financial issues, and don’t have health insurance, then this is something you may need to consider.
However, a divorce does have certain pros, such as being able to marry another person right away and severing legal ties with your former spouse.
Being in a troubled marriage is a heartbreaking experience. If a couple decides to live apart, they would be advised to seek legal advice from an attorney skilled in family law to help them review the benefits and disadvantages of legal separation vs divorce.
To learn more about this topic call the offices of Alatsas Law Firm at (718)-233-2903 or fill out a contact form.