Legal separation is a court-honored agreement between a married couple who has chosen to live apart but remains married. Some couples prefer filing for legal separation over divorce because it establishes parameters for co-parenting, child support, and spousal support. It also leaves the door open for resuming the marriage if the couple makes amends.

Below are the Top Four Benefits of Obtaining a Legal Separation.

1. Legal Separation Is Reversible

Some people interchangeably use the terms of the divorce and legal separation because they’re similar. However, it’s important not to mix the two up, especially if you and your spouse don’t want to end your marriage permanently. Asking for the wrong documents can result in months of court hearings and an irreversible, costly divorce.

The main difference between a divorce and legal separation is reversibility. Legally separated spouses can reconcile without having to remarry. In contrast, divorce is permanent, so couples who file for divorce but change their mind later must get married again.

Additionally, legal separation allows couples to see what it’s like to live away from each other. Some couples treat it as a stepping-stone toward a divorce, but others use this experience to strengthen their relationship.

2. Legal Separation Is Cheaper than Divorce

Legal separation can be less expensive than divorce, especially when both parties cooperate. In states that recognize them, both spouses need to sign these orders and submit them to their county court. A couple must also sign an agreement that stipulates the division of property and details provisions for child support.

Most importantly, this agreement protects you from being responsible for any debt your spouse acquires during separation if you live in an equitable distribution state. However, you may not be eligible for protection if you live in a community property state,

3. Legal Separation Is Easier on Your Children

Both divorce and legal separation can negatively impact your kids because they don’t want to see their parents argue. However, a legal separation may be more comfortable for your child to accept because they can hold onto the hope that mom and dad will get back together.

Your children won’t have to witness the potentially long, stressful divorce process. Moreover, they won’t deal with the psychological consequences of changing their last name. Retaining the same last name allows them to experience a tight family bond during a stressful time.

4. Legal Separation Is Less Stressful

Obtaining a legal separation probably won’t disrupt your personal life and workflow the way a divorce can. Both spouses can continue to function normally in their daily lives without worrying about the emotional turmoil of a divorce. Best of all, they won’t have to miss work to attend the various court hearings associated with drawn-out cases.


Contact The Ault Firm

Although legal separation is easier to navigate than divorce, going through court hearings without an attorney’s guidance is never easy. The legal separation attorneys at The Ault Firm are here to help you during this difficult time. Contact us today.