Marriage can sometimes get tough and sometimes partners just want to be alone, I mean out of the legal bindings of marriage. You might not want to end the marriage right away, yet you want to get out of it, legal separation might be the answer, Joe Lemus, renowned Attleboro-based lawyer explained.
Legal separation is like a pause button on your relationship, without totally putting an end to it. It is like testing divorce without really going through the hectic, emotionally challenging experience of signing divorce papers.
It is a good option when couples want to take a break, think things through, sort out their differences, and see if they can reconcile without breaking up completely. “If you are experiencing financial problems, infidelity, or simply growing apart, legal separation is often advisable to sort out the issues and see if they can still make things work,” Joe Lemus explains.
Joe Lemus walks you through what legal separation really entails, how it is different from divorce, including the advantages and disadvantages. This will help you to make the right choice and understand if this route is for you.
What then is Legal Separation?
Legal separation is a formal process where a married couple separates legally but remains married. It involves a court-approved agreement that addresses issues such as property division, child custody, child support, and spousal support.
Unlike divorce, legal separation does not terminate the marriage, so the couple is still considered married in the eyes of the law. Legal separation allows couples to live apart while sorting out their differences, or for personal, financial, or religious reasons, without ending the marriage completely. There are various reasons why couples opt for legal separation and these include:
- Religious beliefs: Some religions may oppose divorce, making legal separation an alternative.
- Financial reasons: Legal separation can preserve certain financial benefits or avoid the costs associated with divorce.
- Children’s well-being: Some couples may choose separation in order to ensure the sense of unity in the family, thereby avoiding the headaches and heartaches that come with divorce.
- Temporary solution: some see it as a temporary solution to addressing marital marital problems without committing to a permanent separation (divorce).
It is important to understand however that not all states allow legal separation. “In Massachusetts, there is no procedure called legal separation but there is separate support which is a lawsuit to get support for yourself and your family and can also keep your spouse from putting any limitations on your personal freedom, Joe Lemus explains.
Other states that do not support legal separation include Delaware, Pennsylvania, Florida, Georgia, Mississippi, and Texas. For these states, if a couple is tired of the marriage, they can only file for a divorce.
Advantages of Legal Separation
Legal separation offers several advantages for couples considering a temporary separation:
- Time for Reflection and Reconciliation: It provides a space for both parties to cool down, assess their relationship, and explore the possibility of reconciliation without the pressure of divorce.
- Financial Stability: It allows couples to maintain their financial benefits, such as insurance coverage and tax deductions, while living apart.
- Legal Protection: It establishes a formal agreement regarding property division, child custody, and spousal support, providing legal protection for both parties.
- Religious or Personal Beliefs: For couples who oppose divorce due to religious or moral reasons, legal separation allows them to live independently while honoring their beliefs.
- Reduced Stress: It can alleviate the emotional stress and tension often associated with a marriage filled with issues, allowing both parties to focus on healing and personal growth.
- Preparation for Divorce: If reconciliation is not possible, legal separation can serve as a good step for divorce, helping couples navigate the process more smoothly.
Disadvantages of Legal Separation
Legal separation can also have some disadvantages:
- Emotional Toll: The process of separation can be emotionally challenging for both parties, as it involves acknowledging the breakdown of their relationship.
- Social Stigma: In some cultures or communities, legal separation can be perceived negatively by the couple and can lead to social stigma or judgement of the couple.
- Financial Strain: While legal separation can maintain certain financial benefits, it can also involve legal fees and other costs associated with the process.
- Uncertainty: The outcome of legal separation is uncertain, as there is no guarantee that the couple will reconcile. This can create a sense of instability and anxiety.
- Impact on Children: If there are children involved, legal separation can be stressful for them and may affect their emotional well-being.
- Potential for Future Disputes: If the couple later decides to divorce, they may need to revisit and renegotiate issues like property division or support, creating additional conflict.
- Limited Remarriage Options: Since a legal separation doesn’t end the marriage, neither spouse can remarry unless they later get a divorce.
Ongoing Financial Obligations
Since the marriage is still legally intact, spouses may remain responsible for each other’s debts and financial obligations until they divorce.
It’s important to note that while legal separation can offer these benefits, it’s not a guaranteed solution. It requires careful consideration, open communication, and a commitment from both parties to work through their issues.
To know if legal separation is the right choice for you, weigh in the advantages and disadvantages before making the right choice. If you are considering going through legal separation or divorce, contact a reputable lawyer to help you navigate this challenging time of your life.
