Separation Instead Of Divorce?
Forbes.com has laid out the case that many couples are choosing to use separation instead of a formal divorce even when they know their marriages have ceased to function.
If one obtains a legal separation agreement, it may be reasonable to simply remain separated rather than seek a legal divorce. The difference between the two status’ at that point is not all that different. With a legal separation, a person technically remains married to their spouse, but they can still have the courts settle all of their different rights and privileges for them. They can have a legally-binding agreement with the other person regarding important issues such as child custody and property rights.
Separation May Prove Less Costly
Divorce is an expensive legal process. It brings to an end a marriage that had at one point existed. It is something used by those who want to have the freedom to perhaps once again find someone to love and marry. Around half of all marriages that exist today end up in divorce at some point. This means that many people are familiar with the divorce process.
Despite our familiarity, many of us do not fully realize the cost associated with this process. There are lawyers who have to be hired, papers that have to be filed, property that has to be divided up, and so much more. It is never easy to get divorced on an emotional level, but it is also difficult on a financial level for the great majority of people as well.
Legal separation can be just as useful to some people while at the same time avoiding many of the costs associated with divorce. There are still some expenses related to this, but it is not nearly as much as a legal divorce.
What You Don’t Get With A Separation
Separation is not a process that is right for everyone. In fact, it is a relatively rare legal status to exist in. Many divorce courts require that the couple try out separation before proceeding to a formal divorce, but few couples decide to retain the separated status for longer than necessary. They either decide to make the marriage work and forego the divorce, or they proceed to get a divorce.
There are certainly some drawbacks to getting a legal separation. Consider for example the fact that a person may only be legally married to one individual at a time. Therefore, the person who is legally separated but not divorced cannot go out and find another spouse. They have to finish the divorce process before they would ever be able to get married again. That can frustrate things for people who are just ready to move on with their life again.
No Matter What Get An Attorney
Regardless of the route a particular person decides to take in their own life, they should seek out an attorney to help them with the process. Attorneys know what measures to take in court to make sure the legal process goes as smoothly as possible for their clients. They stand up for those client’s rights, and they try to get them the best deal that they possibly can. While they do cost money, most would agree that they are worth every penny that they are paid when the results come back.