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Choosing the future direction of a marriage often leads many to the critical decision point between legal separation and divorce. While similar in many respects, these paths offer different legal and personal outcomes. We took the time to explain your options because we couldn’t advocate for either without knowing your specific circumstances. Grasping these differences and implications is essential for making a well-informed decision about your future. Consider how each option aligns with your beliefs, financial situation, and plans. Both legal paths provide mechanisms for managing relationships, finances, and parental responsibilities under the law.
An Overhead View of Legal Separation & Divorce
Legal separation and divorce begin with filing a petition, and each follows similar legal proceedings. These may include issuing temporary orders, the financial disclosure process, and maybe even reaching a settlement preventing you from going to trial. However, one significant procedural distinction is the lack of a 90-day waiting period for legal separations, as opposed to divorces in Washington State. This absence of a waiting period means those opting for separation can conclude their arrangements swiftly. Legal separation might appeal to those not ready to end their marriage entirely, but they still receive a temporary pause that keeps the door open for reconciliation.
Separation keeps the marriage intact legally. Opting for separation can also protect personal and financial interests by keeping them separate—which is particularly useful when one partner faces issues like addiction or significant health issues. Legal separation allows one spouse to maintain health insurance benefits under the other spouse’s plan, an option not available through divorce. Separation may also be preferred for those who have religious or moral objections to divorce. It allows individuals to live separately without the finality of divorce, maintaining the legal framework of marriage while allowing people to live on their own. This provides emotional space without the complete legal severance of divorce.
How Your Assets Are Treated
With the marriage still legally recognized, responsibilities like debt still affect both parties, adding layers of potential complications. Legal separation also preserves certain legal benefits, such as tax and social security, which divorce might eliminate. This can be a strategic financial decision for long-term planning. Furthermore, separation can serve as a trial for divorce, helping partners understand what a complete divorce might entail without committing to it fully.
Why Couples Commit To A Divorce
Legal separation maintains the marriage’s legal status, preventing you from getting remarried. The continuing legal bond means both parties remain legally connected. Managing finances and other responsibilities might be less straightforward than in a divorce, where such terms are typically finalized once the divorce decree is issued.
Those who later convert their legal separation into a divorce must undergo additional steps, which could be time-consuming and costly. While appearing less drastic, the legal separation process still demands significant legal steps that mirror a divorce. Negotiations over assets, child custody, and other obligations like divorce will occur.
Speak To A Family Law Attorney about Your Situation
Choosing between legal separation and divorce requires thoughtful deliberation about your current position and what you anticipate (and want) for your future. If you are considering these options, it’s vital to have knowledgeable guidance to navigate these decisions effectively. Reach out to us today to set up a consultation. Our skilled team provides the insights and advice you need to determine the most suitable course of action for your legal and personal well-being.
