The Difference Between Divorce And Legal Separation
If you know that you cannot continue living with your spouse with the way your marriage is, you might seriously be thinking about splitting up. To split up when married, you have options. You could just move out and live apart for a while, but this is usually not the best option. The other options are to file for legal separation or divorce. If you are not sure what the difference is between there, here are several things to know before making your decision about which one to use.
The main distinguishing difference
The main difference that you should understand is the legal state of your marriage with these two options. If you become legally separated, you are still legally married. Your marital status does not change through legal separation, because legal separation is still a form of marriage. It does not break that bond in the legal sense.
Divorce, though, does break the bond. This means that once you get divorced, your marital status will change from being married to being single. You will no longer be viewed as a person who is married by the law, which means you could choose to remarry at this time. You could not remarry while you are legally separated because it would be considered polygamy, which is illegal.
The reasons people use legal separation
So, if a couple does not want to stay married, why would they choose to legally separate if this does not actually end the marriage? Well, there are a lot of reasons couples choose this route first.
The first reason is to find out if divorce is really what they want. Because legal separation is not final and does not completely end a marriage, it offers a way for a couple to reconcile if they choose to. Legal separation allows two spouses to live apart to get a taste of what it is like, and this will help them decide if this is what they want permanently or not. If not, they can always get back together because they will still legally be married.
Secondly, people will choose this option simply to avoid going through the hassles of divorce. Some people do not want to deal with a divorce, while others do not want to lose the benefits that being married offers them.
There are many other reasons couples choose legal separation, and if you are unsure of which option to choose, you can learn more by talking to a divorce attorney.
