When you and your spouse decide to split up, you can choose to pursue legal separation or divorce. It’s important to know the distinctions between the two to know which is appropriate for your situation. You also need to consider your needs and of your spouse’s, as well as the interests of the children involved.
In this arrangement, keep in mind that both you and your spouse will stay married, which also means that there is no formal termination of the marriage. There is, of course, a court order that dictates the rights and duties of each party, while staying married but living apart. Apart from legal, there are also other types of separation such as permanent and trial separation.
Some couples choose separation because of their religious belief or the need to maintain a marital status because of financial issues. Others, meanwhile, pursue separation with a belief they can work out their differences later on or if they think that divorce laws in their state are extremely restrictive.
When it comes to divorce, there is a formal order or court judgment of the dissolution of marriage. Buhler Law Office notes that this involves other issues such as child custody and support, alimony, and asset division. The parties have to decide on these or seek a formal judgment to settle all the issues or financial complications involved. When you pursue this, you and your spouse can remarry.
Divorce is the right choice if you and your spouse don’t intend to resolve your differences. It’s also better to pursue divorce if there are issues with childcare like abuse or domestic violence. You can also consider the process if you or your spouse wishes to marry another person.
Deciding between the two can be complicated. This is why it is best to contact a family lawyer. The right attorney will help you understand their differences and provide assistance and representation during court proceedings.