You might think the terms "divorce" and "legal separation"
mean the same thing, but these are actually separate legal terms. In fact,
divorce and legal separation are, in a certain sense, opposites. The main
difference is that divorce legally terminates the marriage, while legal
separation does not.
If a couple is legally separated, the husband and wife may function much
like a divorced couple, but without the legal ramifications of an actual
divorce. Some couples, for example, legally separate to maintain insurance
benefits. In short, legal separation allows couples to pursue separate
lives while preserving the financial advantage of being married.
Reasons to Choose Legal Separation
Couples choose legal separation for many reasons. Every marriage is different,
and so is every divorce. Common reasons include:
If a couple's religious beliefs obligate them to stay married, legal
separation may be a viable option.
Unlike divorce, legal separation allows you to maintain your current healthcare
benefits as a spouse.
Some married couples want to spend time apart without seeking a full divorce;
legal separation allows them to do this.
"Do I need an attorney for file for legal separation?"
You are not required to seek legal guidance to file for legal separation,
but the process does require paperwork and some negotiation. In fact,
legal separation often deals with issues that are similar to divorce.
- Child Custody
- Spousal Support
- Child Support
With an attorney, you can seek the best separation agreement for you, you
spouse, and your children. If you are considering divorce or legal separation,
speak with a New York family law attorney from Eiges & Orgel, PLLC
today. We offer more than 75 years of legal experience, thousands of successful
cases, and the skill and perseverance that only a seasoned advocate can bring.