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Divorce or Separation?

Divorce or Separation?

The decision to end a marriage is not one to be made lightly. If you are considering ending your marriage it’s best to carefully consider your next steps. In general, there are two possibilities. A couple can choose to get a divorce or they can choose to get separated.

Each option has benefits and potential drawbacks. It is crucial to understand the differences of each to determine which will be the best solution for you and your partner’s future.

A Legal Separation

On the surface, a legal separation may appear to be very much like a divorce. Both members of the marriage are cutting legal and financial ties to each other. This means they will make all of the same decisions that would normally be made through a divorce.

In a legal separation, issues like property division, finances, and child custody will all need to be decided. For example, marital assets will need to be divided up. The same is true for custody matters. A legal Parents will need to decide where the children are going to live and how visitation will work. If one party is entitled to child support, they have the right to ask for support from the other party as well.

Benefits of a Legal Separation

A legal separation can be useful for couples who are not sure they are ready to get a divorce. The primary difference between the two is that the legal separation means the marriage has not yet been formally revoked by a court of law. Both parties can think about if they want to make this decision a permanent one.

This kind of cooling-off period allows each member of the marriage the chance to determine if they can work our their differences and get back together again. For those who have religious convictions against divorce, the separation allows them a form of divorce without dissolving the marriage. On the other hand, unlike a divorce, the parties cannot legally remarry.

Getting a Divorce

Another option that both parties have rather than engaging in a legal separation is to choose a legal divorce. A separation can be the first step on the road to divorce. The couple needs to live apart for a specific time before they can get a divorce. Once both parties have been away from each other for a given period of time, they can ask the courts for a divorce.

The main difference is that a divorce is a final, legally binding decision. Once it is completed, the parties involved are no longer considered married to each other. The formal documents involved typically layout exactly how any assets are to be divided as well as how children are cared for in the aftermath.

On the plus side, it means that each member of the couple can now get remarried legally. For those who are unhappy with the marriage, divorce enables the parties to cut their ties and move on. A marriage of short duration that simply did not work out can be dissolved painlessly and easily with a fast divorce.

However, in many cases, this can be more complicated. If the couple has combined assets, it can take vast amounts of time to determine how they are to be divided. A divorce may also make it harder for one member of the couple to deal financially as they may be denied access to health insurance or even ongoing medical treatment because they are no longer on the spouse's medical plan.

Seek Legal Assistance Today

Anyone who is contemplating either course of action is best served by having expert legal help on their side through every single step. Those who need assistance with seeking a divorce or separation can directly contact Eiges & Orgel, PLLC. Our New York divorce lawyers will be able to review your case with you to help you determine the best way to proceed moving forward.

Call Eiges & Orgel, PLLC today at (347) 848-1850 to speak to our skilled divorce lawyers.

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