MyDivorcePapers Blog

The asked to choose if one would prefer legal separation or divorce, the decision is usually hard to come up with. After all, both options have their own sets of pros and cons that could change the way any couple would part ways.

Because of the numerous considerations before one could decide between getting legally separated and look at divorce options, it is important to understand what the repercussions are in both cases.

 

Legal Separation

When it comes to legal separation, there are a number of benefits that one would continue to enjoy despite the apparent parting of ways. Some of them are:

• Eligibility for the spouse’s government benefits
• Eligibility to be covered by the spouse’s healthcare and insurance
• Eligibility for tax benefits reserved for married couples
• Possibility of future reconciliation
• Less complicated process as compared to divorce

Of course, if a couple is merely legally separated, they remain married in the eyes of law. This means that should one of the two parties meet someone else and decide that they want to get married again, then they would have to go through divorce first.

One good thing about legal separation however, is the fact that this also leaves the possibility of the family becoming whole again a lot more possible. This is why legal separation is often advised for couples who still have some fight left in them. Sometimes, time apart from each other could be the answer to their marital problems, and legal separation could be the key that would allow them to think about what they really want out of this relationship.

This is also a great option for couples who are not yet eligible to file for divorce. Both parties get the distance that they need from each other while they wait for the circumstances to be more favorable for a divorce.

 

Divorce

In the decision whether one would choose legal separation or divorce, the latter is often chosen by couples who believe that their differences are irreconcilable. If there was a history of emotional or physical abuse, for example, divorce gives a more final way out.

Divorce heightens the financial risks though, which is often a huge factor when couples are deciding on legal separation or divorce. The costs that come with divorce are often higher as the complications grow. Aside from the marital issues, divorce would have to drag child support and alimony out, making the process more brutal emotionally and mentally.

The good thing about divorce is that it cuts your ties to each other, which means that if one were to decide to get married again, it would be easier to get right into the process right away.

 

Making the Right Choice When Choosing Legal Separation or Divorce

The decision on how you can part ways will always be hard, regardless of which route you would like to take. This is not just something that affects two people who were once head over heels in love with each other. This is something that can affect people around them as well, especially when there are children involved.

This is why making the right choice should always mean going through the process of figuring out how both of you really feel. The decision to jump right into divorce right away will not only drain you financially, it could also leave an even wider gap between you and the rest of the family.

On the other hand, legal separation could also prolong the agony, especially when you’re trying to fight against something that you’re supposed to be letting go of.

Get expert advice and ask the right people for advice. Do thorough research and find out what each option can bring. Lastly, be honest with yourself and be ready to face your own feelings. It is only when one is honest about what he or she really wants can one have clear judgment on what the right choice is.

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