Nearly all marriages experience some level of conflict. In some cases, the issues that a couple encounters can be resolved. In other cases, according to an attorney from Holtz Law the issues are insurmountable, creating a rift between the two partners that is practically impossible to bridge. If you have experienced such a rift in your marriage, you may be thinking about getting divorced. Before you do, however, you might want to try a legal separation.
When you get divorced, your marriage is completely terminated. All of your assets are divided and the court will determine what happens in terms of child custody, alimony, child support, and visitation. The process is extremely final.
With a legal separation, things are a little bit different. This type of separation is still mandated by a court order. Unlike a divorce, however, you remain married to your spouse while you live apart.
Many aspects of a separation are similar to a divorce. For instance, the court still weighs in on child custody issues and visitation rights. They also assist with the division of property. The primary difference is that you and your spouse are still married even though you are living in different houses and leading different lives.
At first, this may seem like a strange arrangement. Once you look a little bit closer, however, it is easier to see the benefits of separating before going through with a full-blown divorce.
For one thing, a separation gives you and your spouse time apart to think things over. Once you have some distance between the two of you, you may have an easier time resolving conflicts. You also may be able to get a clearer perspective on how you want to move forward in the future.
A separation is somewhat like a trial run for a divorce. You can experience what it is like to live on your own and how it might feel if your relationship were to end for good. This can make it easier to decide whether or not you want to get a divorce.
There are also tax benefits associated with opting for a separation rather than a divorce. Because you and your spouse are technically still married, you can file a joint tax return, which may save you money.
If you are thinking about getting divorced, you may want to think about trying a legal separation instead. It can give you the perspective that you need to make a more informed decision about whether or not a divorce is the right choice for you.