Most people don’t know the real differences between divorce and separation. They may understand the basic concept of divorce, but the idea of separation can be a confusing one at times. Separation can be a highly informal process that stays out of court, or it can be a legally enforceable process that requires the help of divorce lawyers in Commack, NY. There are two types of separation: legal and temporary. For the purposes of this article, legal separation is the type that will be compared to divorce.
When to Opt for Separation Rather Than Divorce
The reasons couples ask for separation rather than divorce are different in every situation and there are important legal distinctions to consider. In most cases, only court-approved legal separations are enforceable by law, but some informal arrangements are enforceable if both parties signed a separation agreement. A legal separation is similar to a divorce in that courts analyze factors such as property and debt distribution, child support and alimony.
When Separation Is Appropriate
Some couples would rather separate than divorce for a few reasons. If there’s a chance that differences can be resolved, or if the couple’s religion prohibits divorce, separation may be an option. If a jurisdiction’s divorce laws are highly restrictive, or if the couple doesn’t want to accumulate joint assets anymore, they may wish to separate. Finally, some couples prefer separation to retain their marital status for financial reasons, such as tax and insurance considerations.
When It’s Time to Divorce
Some couples would be better served by getting a legal divorce. If the spouses don’t want to resolve their differences, or if child visitation and custody issues are at play, divorce may be the better option. If one spouse wants to marry someone else, or if someone besides a child’s biological parent seeks custody, divorce is the only alternative.
It can be challenging to determine whether divorce or separation is the right choice. Spouses should consider their own needs, those of their partner and the rights and interests of any children involved. Parties should have an understanding of local laws on divorce and separation and they should call divorce lawyers in Commack, NY for legal advice. Contact us to find out how a lawyer can provide legal advice and help during the case.