Divorce Vs Separation: Which Is Right for You?
Are you considering separating from your partner?
When you first set out to put some distance in a relationship, you might wonder whether separation or divorce will work best for you. Each option has its benefits and disadvantages. Depending on your specific needs and situation, one might work better for you than the other.
But what is the difference between divorce vs separation, and which option works best for different situations?
We’ll go into everything you need to know below. Keep reading to learn more!
What Is Divorce vs Separation?
So, what is divorce vs separation?
First, let’s go over the similarities between legal separation and divorce. Both end with you no longer needing to live with your spouse. The court can divide your financial assets, making you financially independent individuals. Child custody and visitation will be divided between the parents in both cases.
The key difference between legal separation vs divorce is that under a legal separation, you remain married. This means you can’t remarry, and you or your spouse can retain healthcare benefits. Your spouse will also be able to make medical decisions for you if you’re incapacitated, as they will still be considered next of kin.
In addition, if your spouse has any debts, you might still be partially responsible for them under legal separation.
Divorce ends your marriage, ending your access to healthcare benefits and opening up your ability to remarry. You’ll also have any rights to your spouse’s property terminated. Any outstanding debts will be handled in a dissolution process.
What Do You Need to Prove in a Divorce?
In order to end your marriage, you’ll need to either file a fault-based or no-fault divorce.
Most divorces in the United States are no-fault ones. This means there are irreconcilable differences between you and your spouse or that your marriage is irreparably broken.
Fault-based divorces claim your spouse did something to end the divorce. This includes adultery, desertion, and abuse. So, if you believe your spouse has done something to cause the end of your marriage, opt for this version of divorce.
Who Needs a Divorce vs Separation?
So, who should separate, and who should get a divorce?
First, you should consider whether you think you’ll ever want to be with your spouse again. If there’s a chance you’ll reconcile, you should get a legal separation. It’s easier to reunify under a separation.
You should choose to end your marriage if you think there’s no chance for reconciliation. If you want to be reunified legally, you’ll need to get remarried. You should also choose divorce if your spouse has harmed you or your children.
Need help with your divorce or separation? Contact Michael Ephraim Law Office.
Want More Advice?
If you’re considering divorce vs separation, we hope you’ve found this article helpful!
By using the information above, you should be able to choose the best option for your situation. This ensures you’ll both be able to end your relationship well and you’ll be set up to continue with your life.
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