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Legal separation vs. divorce: What you need to know

On Behalf of | Jan 29, 2021 | Divorce

Unfortunately, many couples in Texas face difficulties within their marriages. When marital problems become too much, some couples may want to separate but not feel quite ready to divorce within the near future. If you find yourself in this situation, you may be wondering what the key differences are between divorce and legal separation.

Divorce vs. legal separation

Divorce and legal separation have some similarities. Each process legally creates a space between you and your spouse until you’ve had time to make a final decision. Your finances and living situation are separated. The main difference between the two is that once you divorce, your marriage is officially over.

Similarities between divorce and legal separation

In both proceedings, the court will decide on key issues such as property division, child custody and child visitation arrangements. Issues like property division are based on the couple’s situation and income and how these factors relate to the property.

Should you get a legal separation?

Choosing whether to divorce or pursue a legal separation is a matter of personal preference. If you feel that your marriage cannot be salvaged, divorce might be the right option. On the other hand, if your marriage could benefit from a temporary split, a legal separation might be a better fit. Couples often decide to legally separate instead of divorce because of:

  • Religious or moral reasons
  • Tax benefits
  • Health or insurance benefits
  • The possibility of reconciling later on
  • Government benefits

Who can you speak to for more information?

Every marriage is unique, and it may take some time for couples to decide which option is best for them. If you have questions about legal separation or divorce, it may be a good idea to speak to an experienced attorney.